Fuller v. Commonwealth

Opinion

DUFF, J.

Alan Douglas Fuller was convicted by a jury of abduction, robbery, and unauthorized use of a motor vehicle. In this appeal, he contends: (1) that the trial court erred in not granting a new trial because of prejudice he sustained when the unimpaneled jury pool observed him being escorted to the courtroom by sheriffs deputies; and (2) that he was entitled to have a venire of twenty jurors impaneled, not eighteen, despite the Commonwealth’s waiver of two peremptory challenges. Because we find, under the facts in the record, that the trial jury was improperly impaneled, we reverse…