People v. Leary

Defendant was convicted of murder in the first degree and sentenced to be hanged.

He appeals from the judgment and an order overruling his motion for a new trial.

Several grounds are urged for a reversal, which we shall notice in the order in which they are presented and discussed by appellant, though not in the logical sequence in which they arise on the record.

1. It is claimed that the jury were guilty of such misconduct as to entitle defendant to a new trial.

The first assignment under this head is that the jury read published accounts of the trial in a newspaper, to the prejudice of…