Denson v. State

WARNER, Judge.

The trial court denied a challenge for cause to a juror who was an assistant state attorney and the supervisor of the assistant state attorney actually trying the case against the appellant. We hold that it was error to do so, as it not only conflicts with the statutory grounds for disqualification and challenges for cause, but it tends to impair the integrity of the judicial process to believe that a “fair and impartial jury” as required by the constitution could include the attorney for the state in whose name the charges against a defendant are instituted.

Surprisingly, the…