Brown v. Smith

Although the impropriety of permitting a deputy sheriff who has been a witness in a cause to have charge of the jury after it has been submitted to them, is not doubtful, it cannot be said, as a matter of law, that this procedure was inconsistent with a fair trial. The motion to set aside the verdict presented typical questions of fact for the Presiding Justice to pass upon such as the trial court is constantly called upon to decide. Wisutskie v. Malouin, 88 N. H. 242; Bennett v. Larose, 82 N. H. 443; Marshall v. Morin, 79 N. H. 351; Moran v. Fox, 79 N. H. 523; Bachman v. Insurance Co., 78 N.…