Davis v. United States

After the appeal to this court was perfected, leave was sought by the appellant to file a motion for a new trial in the District Court because of alleged misconduct of the trial jury. Following the practice established in Perry v. United States, 39 F. (2d) 52, we directed that the evidence relied on to support the motion be taken before the trial judge under cross-examination and submitted to our consideration. This has been done. The evidence consists only of the testimony of two of the jurors to the effect that in the jury room, while considering the ease, the fact that the defendant had…