State v. Cummings

Roe, A.C.J.

Donald E. Cummings appeals from a conviction of second degree assault.

The principal issue is whether the trial court erred in denying Mr. Cummings' motion for a new trial because of alleged juror misconduct.

After the jury returned its verdict, Mr. Cummings' wife submitted an affidavit which stated, inter alia, 1 that during a recess on the first day of trial she saw a spectator talking with juror A and was able to hear their conversation. She said the spectator told the juror the defendant had beaten his wife, had gone to prison for it and that the spectator would not be surprised…