Gordon v. State

S. F. Gordon was convicted of hog-stealing. In his motion for new trial he complained that one of the jurors who tried the case was related within the prohibited degree to the prosecutor, and that this fact was unknown to him or his counsel before the verdict. At the hearing on this motion the State did not controvert this fact, but contended that the evidence demanded the verdict, and therefore that the relationship of the juror to the prosecutor did not require the grant of a new trial. The judge in overruling the motion for new trial passed the following order: "This court has made a…