State v. Andrews
Supreme Court of Connecticut
Indictment for an assault with intent to murder. The jury found the defendant guilty, and he moved in arrest of judgment. On this motion the following facts were found. Halsey Thomas, one of the jurors in the cause, was related to the defendant, the juror’s father being the defendant’s first cousin. The relationship was unknown, both to the juror and to the defendant, until about the time the evidence was closed.
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Indictment for an assault with intent to murder. The jury found the defendant guilty, and he moved in arrest of judgment. On this motion the following facts were found. Halsey Thomas, one of the jurors in the cause, was related to the defendant, the juror’s father being the defendant’s first cousin. The relationship was unknown, both to the juror and to the defendant, until about the time the evidence was closed. The principal question before the jury related to the sanity of the defendant at the time of the alleged offense and previous thereto, and witnesses were examined to prove that…
1Opinion of the CourtEllsworth, J.
We are all satisfied that the prisoner is entitled to a new trial.
We do not attach any great importance to what was said by Small in the hearing of two of the jurors in the stage coach, for these remarks may be regarded as accidental, the hearing of which the jurors could not have avoided, situated as they-were, and which in fact, as they say, they did not notice or regard. But it is otherwise with the conversation in the bedroom. That was neither accidental, unavoidable or unheeded. It was a part of a conversation, private, free and confidential, and which took place after the two jurors had…
2Cases cited1 opinion
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
3Cited by10 opinions
- State v. RobinsonWest Virginia Supreme Court · 1882
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
- State v. BozelkoConnecticut Appellate Court · 2010
- Eckel v. BreezeOregon Supreme Court · 1960
- Hamilton v. PeaseSupreme Court of Connecticut · 1871
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