State v. Daugherty

HOUSER, Commissioner.

Wardell Daugherty, convicted of burglary second degree by a jury which could not agree upon the punishment, was sentenced by the court to 5 years’ imprisonment.

On this appeal 1 questions are raised relating to the manner in which the jury was impanelled and the propriety of an instruction.

I. The voir dire question.

During voir dire examination of the jury panel it developed that one member had been the victim of a burglary. Although the venireman at first stated that he could not be sure that he could put his personal experience out of his mind for this trial he…