Tracey v. State
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Strode, J. The facts are stated by the commissioner. A juror during deliberation upon the verdict made statements of facts in the case within his own personal knowledge. These statements were prejudicial to plaintiff in error and are grounds of reversal. (Richards v. State, 36 Neb., 18; Wood River Bank v. Dodge, 36 Neb., 708; Anshicks v. State, 6 Tex.
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Error to the district court for Lancaster county. Tried below before Strode, J. The facts are stated by the commissioner. A juror during deliberation upon the verdict made statements of facts in the case within his own personal knowledge. These statements were prejudicial to plaintiff in error and are grounds of reversal. (Richards v. State, 36 Neb., 18; Wood River Bank v. Dodge, 36 Neb., 708; Anshicks v. State, 6 Tex. App., 524; Wharton v. State, 45 Tex., 2; Winslow v. Morrill, 68 Me., 362; Morton v. State, 1 B. J. Lea [Tenn.], 498; Boody v. State, 4 Yerg. [Tenn.], 111; Wade v. Ordway, 57…
1Opinion of the Court
Ragan, C.
In the district court of Lancaster county C. W. Tracey was convicted of the crime of robbery and sentenced to the state penitentiary for seven years. He brings the judgment of the district court here for review and assigns as a reason for its reversal the following alleged errors:
1. In support of his motion for a new trial Tracey filed in the district court an affidavit alleging that while the jury that convicted him was deliberating upon its verdict one of the jurors stated to his fellows that he was personally acquainted with a witness who had testified on the trial in behalf of…
2Cited by16 opinions
- The People v. PopescueIllinois Supreme Court · 1931
- Bartley v. StateNebraska Supreme Court · 1898
- Murphy v. StateCourt of Appeals of Maryland · 1944
- Sundahl v. StateNebraska Supreme Court · 1951
- McCormick v. StateNebraska Supreme Court · 1904
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