State v. Palmer

FLANIGAN, Chief Judge.

A jury found defendant guilty of assault with intent to do great bodily harm without malice aforethought and he received a sentence of five years’ imprisonment. Defendant appeals.

Defendant’s sole “point relied on” is that he was entitled to a new trial because of jury misconduct and that the trial court erred in failing to grant that relief. This claim of error was assigned initially in defendant’s motion for new trial.

The alleged misconduct consisted of a jur- or making an unauthorized inspection of the yard of the house where the offense occurred. Defendant claims that…