Art. 798.  Causes for challenge by the state

It is good cause for challenge on the part of the state, but not on the part of the defendant, that:

(1)  The juror is biased against the enforcement of the statute charged to have been violated, or is of the fixed opinion that the statute is invalid or unconstitutional;

(2)  The juror tendered in a capital case who has conscientious scruples against the infliction of capital punishment and makes it known:

(a)  That he would automatically vote against the imposition of capital punishment without regard to any evidence that might be developed at the trial of the case before him;

(b)  That his attitude toward the death penalty would prevent or substantially impair him from making an impartial decision as a juror in accordance with his instructions and his oath; or

(c)  That his attitude toward the death penalty would prevent him from making an impartial decision as to the defendant's guilt; or

(3)  The juror would not convict upon circumstantial evidence.

Amended by Acts 1968, Ex.Sess., No. 13, §1, emerg.  eff. Dec. 27, 1968, at 1:00 P.M; Acts 1990, No. 366, §1.