State v. Boykin

GIVENS, J.,

Concurring Specially. — Defendant assigned as error, among other grounds, the refusal of the trial court to permit him to show, upon motion for a new trial, by affidavits and testimony of some of the trial jurors, as showing misconduct of the jury, that after they had retired to the jury-room and during their deliberations, one of the jurors stated, in substance, that “he knew all about the case before he went into the jury-box; that there was nothing to it but murder”; and his harangue continued until one of his fellow-jurors threatened to report him to the judge, whereupon he…