State v. Biller

The state contends that it was error for the trial court to grant a new trial on the ground of a mistake by the jury in arriving at their verdicts, and, that by so doing, the trial court permitted the jurors to impeach their own verdict.

The affidavits of the jurors contain no allegations that any mistake was made by the foreman of the jury in recording in the verdicts that which constituted the answers determined upon by the jurors. That which is alleged in the affidavits to have been a mistake was therefore not a mistake in recording the verdicts of the jury, but a mistake of the jurors as…