Heffron v. Gallupe
Supreme Judicial Court of Maine
On motion. The verdict having been for the plaintiff, for nominal damages only, the plaintiff filed a motion to set it aside, alleging substantially, that, after the evidence was closed but before argument, and during an adjournment of the Court from evening to morning, the defendant delivered to H. W. Briggs, a member of the jury before which the trial was had, a printed pamphlet purporting to be a report of all the evidence given at a former trial of the cause, for the…
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On motion. The verdict having been for the plaintiff, for nominal damages only, the plaintiff filed a motion to set it aside, alleging substantially, that, after the evidence was closed but before argument, and during an adjournment of the Court from evening to morning, the defendant delivered to H. W. Briggs, a member of the jury before which the trial was had, a printed pamphlet purporting to be a report of all the evidence given at a former trial of the cause, for the purpose of influencing the juror; that Briggs received the pamphlet without the authority of the Court, and, without…
1Opinion of the CourtKent, J.
The motion for a new trial, now before us, is based on the following facts, which are undisputed. In the evening after all the evidence, in the trial of the cause between these parties, had been given, and before the arguments commenced, a juryman called at the defendant’s house and asked him if he had one of the pamphlets containing the evidence given at a former trial. The defendant said he had one, and gave it to the juryman. The defendant did not at first recognize the applicant as a juror in the case, but did so before he gave him the pamphlet. Defendant hesitated, but the juror remarked…
2Cited by18 opinions
- State v. CrockerSupreme Judicial Court of Maine · 1981
- Hempton v. StateWisconsin Supreme Court · 1901
- People v. Wong LoungCalifornia Supreme Court · 1911
- Saltzman v. Sunset Telephone & Telegraph Co.California Supreme Court · 1899
- Patterson v. RossignolSupreme Judicial Court of Maine · 1968
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