State v. Denney

Defendant William Howard Denney appeals from a judgment and sentence based upon the verdict of a jury finding him guilty of first-degree forgery, and assigns error to the refusal of the trial court to grant defendant’s motion in arrest of judgment or for a new trial based upon the alleged disqualification of one of the jurors.

The sole issue presented is whether the failure of a juror to hear the testimony of one of the witnesses deprived defendant of a fair trial.

The record reflects by affidavit of defense counsel that after the jury returned its verdict one of the jurors stated to affiant…