Commonwealth v. Rosario

Opinion by

Flood, J.,

Following a verdict of guilty on the charge of incest and rape, the defendant asked for a new trial upon the ground that the right of peremptory challenge was effectively denied him by certain misstatements of two' jurors upon their voir dire.

The morning after the jury had returned its verdict, the defendant’s counsel made a statement to the court that he had questioned the prospective jurors as to whether they were related to any law enforcement officer and each answered in the negative. He stated that he had questioned the first twelve as a body and had questioned…