Howard v. Commonwealth

ON PETITION FOR REHEARING

MONTGOMERY, Judge.

On petition for rehearing five grounds are urged, three of which are disposed of in the original opinion. It is urged in the petition, for the first time, that: (1) certain statements of the county attorney concerning a polygraph test, and (2) the failure to grant a change of venue on the second trial violated appellant’s right to a fair and impartial trial.

A colloquy between the county attorney and appellant’s counsel concerning a polygraph test took place before the bench and while the jury was in the courtroom. Appellant contends that the county…