State v. Farrar

The opinion of the court was delivered by

Burch, J.:

The defendant was convicted of murder in the second degree, and appeals.

At the hearing on the motion for a new trial there was evidence that during the deliberations of the jury it was stated by one or more jurors that at a former trial the defendant had been convicted of murder in the first degree. Because of this fact the defendant' insists he should have been granted a new trial.

The former trial had been referred to in the course of the proceedings. Witnesses had been cross-examined with reference to testimony given at the former trial,…