State v. Gardner

Defendant appeals from a judgment of conviction for the crime of entering a motor vehicle with the intent to steal. The appeal is based upon the alleged error of the trial court in refusing to grant a new trial which was requested on the ground that the misconduct of a juror during the jury’s deliberation resulted in an unfair trial.

Zachary G-ilpin, the state’s principal witness, testified that he saw the defendant remove automobile tires from the back of a pick-up truck. He described in detail the circumstances under which the tires were stolen. This testimony was contradicted hy defendant…