STEWART v. COMMONWEALTH


497 S.W.2d 226 (1973)

Beve STEWART, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 1, 1973.


Attorney(s) appearing for the Case

Sampson B. Knuckles, Barbourville, for appellant.

Ed W. Hancock, Atty. Gen., Frankfort, James M. Ringo, Asst. Atty. Gen., Frankfort, for appellee.


REED Justice.

The defendant, Beve Stewart, was indicted for malicious shooting and wounding. (KRS 435.170). The case was set for trial. On the day of trial, a panel of jurors was called, voir dire conducted and twelve jurors were accepted and sworn to try the case. The indictment was read to the jury, counsel for the prosecution made an opening statement, and evidence for the prosecution was then introduced. The court recessed for lunch.

During the noon recess...

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