State v. Leavitt

Defendant, Charles Leavitt, was convicted of the crime of rape alleged to have been com mitted in Nez Perce county upon the person of the prosecutrix, a young woman twenty-three years of age. From the judgment and a subsequent order overruling his motion for new trial, he appeals.

In support of his motion eight grounds were urged, the first being that the jurors, after the submission of the cause to them, were not kept together by the sheriff; deputy or officer as required by statute. It appears from the record that the bailiff in charge had been appointed by the trial judge; that he lodged…