Chaney v. Commonwealth

MILLIKEN, Judge.

The appellant, Hubert Chaney, was sentenced to serve two years in the penitentiary for wilful and malicious shooting into an occupied motor vehicle in violation of KRS 435.190. His appeal involves the presence of bystanders on a jury panel from which a petit jury was chosen for the trial of his case. This circumstance presents a seeming conflict between KRS 29.280 and RCr 9.30.

The trial court wrote, in overruling Chaney’s motion for a new trial, that “ * * * when the regular jury was impaneled, that after the jurors had been examined, there were three vacancies or three…