State v. Anderson
Montana Supreme Court
Appeal from Sixth Judicial District, Parh County. The defendant, Robert A. Anderson, informed against as Robert Field, was convicted of murder in the first degree. Defendant’s motion for a new trial was denied by Henry, J. I. The declarations of the juror Rich as to what occurred in the jury-room are inadmissible to impeach the verdict. (.State v. Richmond, 42 La. Ann. 299; State v. McNamara, 100 Mo. 100; Palmer v. State, 65 N. H. 221; Peoples.
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Appeal from Sixth Judicial District, Parh County. The defendant, Robert A. Anderson, informed against as Robert Field, was convicted of murder in the first degree. Defendant’s motion for a new trial was denied by Henry, J. I. The declarations of the juror Rich as to what occurred in the jury-room are inadmissible to impeach the verdict. (.State v. Richmond, 42 La. Ann. 299; State v. McNamara, 100 Mo. 100; Palmer v. State, 65 N. H. 221; Peoples. Stimer, 82 Mich. 17; Bevere v. State, 5 Ohio Cir. Ct. 378; 12 Am. & Eng. Ency. of Law, 378, and cases cited.) Besides, these occurrences are all…
1Opinion of the Court
De Witt; J.
The defendant was convicted of murder in the first degree. He appeals from the judgment. His motion for a new trial was denied. He now asks us to review the alleged causes for a new trial which he set up on that motion. We will examine them in their order:
1. Misconduct by the juror Rich: It is set forth by the affidavit of S. M. Nye that he had a conversation with juror Rich after the trial, in which said Rich said to him substantially as follows: “When we went out, four of the jury were in favor of acquitting the defendant. I told them that if we were going to acquit the…
2Cases cited2 opinions
- Territory of Montana v. BurgessMontana Supreme Court · 1888
- Gordon v. TrevarthanMontana Supreme Court · 1893
3Cited by10 opinions
- Tegeler v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. MottMontana Supreme Court · 1903
- State v. GayMontana Supreme Court · 1896
- State v. PeeleWashington Supreme Court · 1966
- Smith v. StateSupreme Court of Connecticut · 1954
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