State v. McKelvy

OPINION

WOOD, Chief Judge.

Convicted of conspiracy to commit murder and conspiracy to commit kidnapping, defendant appeals. We discuss two issues: (1) number of peremptory challenges, and (2) rebuttal testimony.

Number of Peremptory Challenges

Rule of Crim. Proc. 39(d)(1) allows a defendant twelve peremptory challenges “if the offense charged is punishable by death or life imprisonment” and five peremptory challenges in all other cases. Neither the conspiracy charges of which defendant was convicted nor the attempt charges of which he was acquitted were offenses punishable by death or life…