Blackwell

Sally Ann Blackwell appeals her conviction of second degree murder of her husband (Pen. Code, § 187) contending, inter alia, that concealment of relevant information by a juror during voir dire constituted prejudicial juror misconduct. We agree, and reverse.

It is undisputed that appellant shot and killed her husband in their home. It is also undisputed that the relationship between appellant and her husband was stormy, and that both of them had been drinking on the day of the shooting. Appellant claimed to be the victim of ongoing physical abuse by her husband, and suffering from the “battered wife syndrome.” She testified that he frequently drank to excess and became violent and physically assaul live during such episodes. She further testified that shortly before the shooting he had beaten her and held a gun to her head and threatened to kill her. She claimed she shot him to prevent further beatings or her own death.

During jury selection the prospective panel members were questioned collectively as well as individually, and in private, concerning any experience with alcoholism and/or domestic violence. The focus of appellant’s complaint is Ms. D.R., who was selected…