State v. Andre
South Dakota Supreme Court
Errorto circuit court, Codington County, Hon. Julian Bennett, Judge. Michael Andre was convicted of murder, and he brings error. The facts are stated in the opinion. When it appears that intoxicating liquors have been introduced into the jury room, there is a presumption that the jury were improperly influenced thereby, and a new trial should be granted.
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Errorto circuit court, Codington County, Hon. Julian Bennett, Judge. Michael Andre was convicted of murder, and he brings error. The facts are stated in the opinion. When it appears that intoxicating liquors have been introduced into the jury room, there is a presumption that the jury were improperly influenced thereby, and a new trial should be granted. Pope v. State, 36 Miss. 121; Jones v. State, 13 Tex. 181; Hopkins v. Knapp & Spaulding Co., 60 N. W. 620; State v. Jones, 7 Neb. 408. Subdivision 2 of section 5088, Compiled Kaws, is as follows: “Misconduct of the Jury. And when any one or…
1Opinion of the CourtFuller, P. J.
Plaintiff in error, being convicted in the court below of the crime of murder, based a motion for a new trial on affidavits alleging prejudice and misconduct of the jury in the use of intoxicating liquors during the progress of the trial, and the denial of such motion constitutes his sole ground for complaint. This case not coming within the exception expressly authorized by the legislature, an affidavit made by one of the jurors for the purpose of impeaching his verdict, can receive no consideration. Murphy v. Murphy, 1 S. D. 316, 47 N. W. 142, 9 L. R. A. 820; Gaines v. White, 1 S. D. 434,…
2Cases cited14 opinions
- Perry v. BaileySupreme Court of Kansas · 1874
- Shoemaker v. Board of CommissionersIndiana Supreme Court · 1871
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- State v. BruceSupreme Court of Iowa · 1878
- State v. ReedIdaho Supreme Court · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. CrayNorth Dakota Supreme Court · 1915
- Ewing v. LunnSouth Dakota Supreme Court · 1908
- State v. RobidouNorth Dakota Supreme Court · 1910
- Johnson v. SeelNorth Dakota Supreme Court · 1913
- State v. EnglishSouth Dakota Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.