Gamble v. State

McMurray, Judge.

Geraldine Gamble and co-defendant Higgins were indicted for motor vehicle theft. After the cases were severed Gamble was tried, convicted, and sentenced to seven years in prison. Defendant appeals. Held:

1. Defendant contends that the court erred in permitting the jury to disperse after it had been selected but prior to being sworn. This appears to be a case of first impression in this state. The oath in question is that prescribed by Code § 59-709 which requires the jury to "... well and truly try the issue formed ... and a true verdict give according to evidence...”…