Johnston v. State

Concurring Opinion

Aohor, J.

Appellant was convicted of first degree murder by jury and sentenced on November 1, 1957, by the Fountain Circuit Court to suffer punishment by death.

The evidence at the trial is not included in the transcript and no issue is presented as to the sufficiency of the evidence to sustain the conviction.

The questions asserted as grounds for new trial and here argued as causes for appeal are presented by the fact that one of the jurors, Alice Leoma Harvey, (1) failed to disclose on her voir dire examination that she was acquainted with the murder victim or the family and…