Stewart v. Commonwealth

REED Justice.

The defendant, Beve Stewart, was indicted for malicious shooting and wounding. (KRS 435.170). The case was set for trial. On the day of trial, a panel of jurors was called, voir dire conducted and twelve jurors were accepted and sworn to try the case. The indictment was read to the jury, counsel for the prosecution made an opening statement, and evidence for the prosecution was then introduced. The court recessed for lunch.

During the noon recess, the trial judge was advised by the prosecutor that he had discovered that one of the jurors, a man named Deaton, was married to the…