State v. McComsey

FOSHEIM, Justice.

A jury convicted the defendant of eluding a police vehicle, in violation of SDCL 32-33-18.1 This appeal is from the judgment. We affirm.

The prime question is whether it was prejudicial error for the trial judge to release the jurors overnight without supervision after the case had been submitted to them for deliberation. The case went to the jury at approximately 4:45 p. m., November 23, 1981; the jurors left for supper under supervision of a bailiff at approximately 7:15 p. m. and returned about 8:00 p. m.; and at 9:25 p. m. the jury reported they were deadlocked after which…