Allen v. Commonwealth

VANCE, Judge.

The question is whether deviation from the procedures for empaneling a jury as set forth in KRS 29A.060 and RCr 9.30(l)(a) requires reversal of a judgment of conviction.

Our statute and rules provide a simple procedure to empanel a jury in circuit court. The clerk, in open court, shall draw from the jury box sufficient names of persons selected and summoned for jury service to compose a jury. If jurors drawn are excused, the clerk shall then draw from the box as many more names as are necessary to complete the jury.

Over the objection of appellant, the trial court directed the…