State v. Freeman
Supreme Court of Connecticut
This was an indictment against Charles Freeman, for an attempt to commit a rape on the body of Eliza Brown ; tried at New-London, October term, 1823, before Peters, J. After a verdict of guilty, found by the jury, and accepted by the court, the prisoner moved for a new trial, stating, as the ground of his motion, That after the cause was committed to the jury, and before they had agreed upon a verdict, being in private consultation, Samuel C. Selden, one of the jurors, after…
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This was an indictment against Charles Freeman, for an attempt to commit a rape on the body of Eliza Brown ; tried at New-London, October term, 1823, before Peters, J. After a verdict of guilty, found by the jury, and accepted by the court, the prisoner moved for a new trial, stating, as the ground of his motion, That after the cause was committed to the jury, and before they had agreed upon a verdict, being in private consultation, Samuel C. Selden, one of the jurors, after expressing his opinion against the innocence of the prisoner, openly declared to his brethren of the jury, that the…
1Opinion of the Court
Hosmer, Ch. J.
The question to he decided, is, whether the testimony of a juror is admissible, to show, that another juror in the jury-room gave material information concerning facts not in evidence.
There is no harmony on this subject among the English cases ; but the most modern determinations have adjudged such testimony to be inadmissible. In Vaise v. Delaval, 1 Term Rep. 11. the offered evidence of a juror, to prove the deciding by lot, in the jury-room, was rejected ; and in the case of Owen & al. v. Warburton, 1 New Rep. 326. 329. it was determined, in conformity with the opinion of all…
2Cases cited2 opinions
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- Lessee of Cluggage v. SwainSupreme Court of Pennsylvania · 1811
3Cited by19 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Aillon v. StateSupreme Court of Connecticut · 1975
- State v. McCallSupreme Court of Connecticut · 1982
- Saltzman v. Sunset Telephone & Telegraph Co.California Supreme Court · 1899
- Ginsberg v. FusaroSupreme Court of Connecticut · 1993
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