ANDERSON v. COM.

No. 2000-SC-0373-DG.

107 S.W.3d 193 (2003)

Terry ANDERSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

June 12, 2003.


Attorney(s) appearing for the Case

Morris Lowe, Coffman & Kirwan, Dixie R. Satterfield, Satterfield & Harmon, Bowling Green, Counsel for Appellant.

A.B. Chandler, III, Attorney General of Kentucky, Rickie L. Pearson, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, Counsel for Appellee.


OPINION

JOHNSTONE, Justice.

Appellant, Terry Anderson, was convicted of second-degree assault and the jury recommended a sentence of five years' imprisonment. Before sentence was imposed, the trial court granted Anderson's motion for a new trial on grounds that one of the jurors in his trial was a prior felon who was not qualified to sit as a juror. The Court of Appeals reversed. We granted discretionary review to decide the issue of whether the Governor...

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