People v. Azoff

The defendant was convicted of murder in the first degree and sentenced to suffer death. «

The appeal is from the judgment and from an order denying a new trial, but no part of the evidence is brought up, neither is there complaint of any ruling at the trial, or of an instruction given or refused.

The motion for a new trial was upon the ground of misconduct on the part of the jury in that they received *633evidence out of court. Upon the hearing of the motion the court refused to consider the affidavit of a juror which tended to show that the jury had read a newspaper report of the trial, or to…