State v. McLamb

BRANCH, Chief Justice.

The State first challenges that portion of the Court of Appeals’ decision which found error in the trial court’s refusal to permit defendant to exercise a peremptory challenge of a juror. We find merit in this argument.

The record in this case reveals that after the jury was impaneled, the assistant district attorney made his opening statement, and the jury was given preliminary instructions. The trial judge then recessed court until the following morning at which time it came to the judge’s attention that one of the seated jurors was a receptionist at a dental office…