Johnston v. State

Appellant was convicted of murder in the first degree under Acts 1941, ch. 148, §1, p. 447, being §10-3401, Burns’ 1956 Replacement, tried by jury, found guilty as charged and sentenced to death by electrocution.

The sole question here presented concerns the fact that one juror, Alice Leoma Harvey, failed on the voir dire examination to disclose that she was a second cousin of the victim named in the indictment.

The undisputed evidence is that neither appellant nor his attorney knew of such relationship until “about a week before he filed a motion for a new trial.” There was no consent by the…