Wooten v. State

McMurray, Judge.

Defendant was indicted and convicted for the offense of burglary. Defendant’s motion for new trial was denied and he appeals. Held:

1. Defendant based his motion for new trial in part on his contention that unbeknownst to him, a member of his trial jury was related to him within the prohibited degree. Defendant acknowledges the general rule that a new trial will not be granted in a criminal case because of the relationship within the prohibited degrees of a juror to the accused, although the relationship be unknown to the accused and his counsel until after the verdict. Downing…