DeHart v. Commonwealth

Opinion

WILLIS, J.

On appeal of his convictions for (1) second degree murder, (2) the use of a firearm in the commission of a murder, and (3) breaking and entering with the intent to commit sexual battery, Kirby Cornell DeHart contends the trial court erred in refusing to strike a venireman for cause. We agree and reverse the judgment of the trial court.

The statutorily required voir dire disclosed that three veniremen had heard or read about the offenses through the news media. The trial court excused two for cause. The third venireman, Ms. Peters, stated that she had not formed or expressed…