McNeil v. State

Leartis McNeil appeals his convictions of burglary of a dwelling with an assault or battery, aggravated battery, aggravated assault, and grand theft. He raises two issues on appeal, only one of which merits discussion. We agree with McNeil that the trial court erred in allowing the State to exercise a peremptory challenge after the trial had begun. Accordingly, we reverse and remand for a new trial.

The record reflects that during jury selection, a list of both State and defense witnesses was read to the venire. The panel was then asked, “Are any of you related by blood or marriage to any of…