Mason v. Commonwealth

In this appeal, we consider whether the trial court should have removed a juror, who had been empanelled and sworn without objection, because the juror purportedly lacked sufficient proficiency in the English language.

Robert K. Mason was indicted by an Arlington County grand jury for the felony of habitual petit larceny in violation of Code §§ 18.2-96 and -104. At a jury trial, the trial court and counsel for the litigants participated in the voir dire. Upon conclusion of the voir dire, the Commonwealth and the defendant exercised their peremptory challenges, and a jury consisting of 12…