Churchill v. Emerick

Relators apply for a mandamus to compel respondent to set aside a verdict and grant a new trial for misconduct of a jury after retiring to consider their verdict.

The jury were charged in the latter part of the day, and were out all night. While out, they sent the bailiff in charge for beer, of which he brought and they consumed several bottles. In the morning, the court, without objection from counsel, allowed them to go under charge of an officer to get breakfast at a hotel, and gave them proper cautions against communicating with others. But it appears from admitted facts that while in the…