Warren v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

The State moves for rehearing. We reversed the case solely because of the refusal of the trial court to allow the defense to challenge for cause, juror Cochran. From the record it appears that after nine jurors had been accepted and sworn as jurors, — this being a capital case, — the defense informed the court that they had just learned that Mr. Cochran, already on the jury, was related within the third degree to Mr. Collins, private prosecutor, employed to assist the State in the prosecution, and that under subdivision 10, Art. 616, C. C. P., which…