Leathio Williams v. Commonwealth , 21 Va. App. 616 ( 1996 )

ELDER, Judge, with whom BENTON, Judge,

joins, dissenting.

I dissent for the reasons stated in the panel opinion as to the juror who was a correctional officer. WTiile the trial judge did not abuse his discretion by failing to disqualify the five other jurors, when viewed collectively the jury was not “as free from suspicion as possible.” Wright v. Commonwealth, 73 Va. (32 Gratt.) 941, 943 (1879). For these reasons, I would reverse the judgment of the trial court.