State v. Baker
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Defendant was charged with the crime of assault with intent to commit murder. Convicted of assault with a deadly weapon. “Experiments by jurors by which they ascertain facts material to the ease but not included in the evidence, constitutes misconduct on their part and will justify reversal.” (12 Cyc. 678; Nelson v. State (Tex.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Defendant was charged with the crime of assault with intent to commit murder. Convicted of assault with a deadly weapon. “Experiments by jurors by which they ascertain facts material to the ease but not included in the evidence, constitutes misconduct on their part and will justify reversal.” (12 Cyc. 678; Nelson v. State (Tex. Crim.), 58 S. W. 107; Logan v. State, 46 Tex. Crim. 573, 81 S. W. 721; State v. Sanders, 68 Mo. 202, 30 Am. Rep. 782; Forehand v. State, 51 Ark. 553, 11 S.…
1Opinion of the Court
BOTHWELL, District 'Judge.
The defendant, J. W. Baker, was charged with the crime of assault with intent to commit murder, and was convicted of assault with a deadly weapon. This appeal is taken from the judgment and from an order denying and overruling a motion for a new trial.
The grounds for a new trial assigned by the appellant and relied upon for a reversal of this case are: (1) That the jury received evidence out of court other than that resulting from a view of the premises; (2) misconduct of the jury by which a fair and due consideration of the case has been prevented.
*731It is shown by the…
2Cases cited30 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- People v. ConklingCalifornia Supreme Court · 1896
- State v. MortensenUtah Supreme Court · 1903
- White v. BaileyWest Virginia Supreme Court · 1909
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
25 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. McClurgIdaho Supreme Court · 1931
- Geist v. MooreIdaho Supreme Court · 1937
- State v. WilsonIdaho Supreme Court · 1932
- State v. MaguireIdaho Supreme Court · 1917
- Rueth v. StateIdaho Supreme Court · 1978
22 more not listed; retrieve them via the Exa API.