CHANEY v. COMMONWEALTH


451 S.W.2d 671 (1970)

Hubert CHANEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 13, 1970.


Attorney(s) appearing for the Case

Eugene Watson, Irvine, for appellant.

John B. Breckinridge, Atty. Gen., Joseph L. Famularo, Asst. Atty. Gen., Frankfort, for appellee.


MILLIKEN, Judge.

The appellant, Hubert Chaney, was sentenced to serve two years in the penitentiary for wilful and malicious shooting into an occupied motor vehicle in violation of KRS 435.190. His appeal involves the presence of bystanders on a jury panel from which a petit jury was chosen for the trial of his case. This circumstance presents a seeming conflict between KRS 29.280 and RCr 9.30.

The trial court wrote, in overruling Chaney's motion for a new...

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