SCOTT v. COM.

Record No. 1180-88-2.

399 S.E.2d 648 (1990)

Kimthon Eugene SCOTT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

December 26, 1990.


Attorney(s) appearing for the Case

Russell C. Williams, Asst. Public Defender (Office of the Public Defender, on brief), for appellant.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., BAKER, BARROW, BENTON, COLEMAN, KEENAN, MOON and COLE, JJ.


ON REHEARING EN BANC

BENTON, Judge.

This appeal by Kimthon Eugene Scott presents the question whether a jury officer's comments to venire members denied Scott the right to trial by an impartial jury. A panel of this Court previously considered Scott's appeal and, in an unpublished memorandum opinion dated May 15, 1990, affirmed the trial judge's denial of a motion to set aside the verdict. Upon Scott's petition for a rehearing en banc, we reverse.

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