Scott v. Commonwealth

ON REHEARING EN BANC

Opinion

BENTON, J.

This appeal by Kimthon Eugene Scott presents the question whether a jury officer’s comments to venire members denied Scott the right to trial by an impartial jury. A panel of this Court previously considered Scott’s appeal and, in an unpublished memorandum opinion dated May 15, 1990, affirmed the trial judge’s denial of a motion to set aside the verdict. Upon Scott’s petition for a rehearing en banc, we reverse.

Scott was tried by a jury for robbery and the use of a firearm in connection with the robbery. After the jury convicted Scott on both charges, his…