State v. Dolling
Wisconsin Supreme Court
REPORTED from the Circuit Court for Portage County. Information for murder. Verdict, guilty of manslaughter in the third degree. A motion was made to set aside the verdict, and, in support thereof, was read the affidavit of one of the jurors, that the jury had been permitted by the court to separate at meal times and go wherever they saw fit, and did so.
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REPORTED from the Circuit Court for Portage County. Information for murder. Verdict, guilty of manslaughter in the third degree. A motion was made to set aside the verdict, and, in support thereof, was read the affidavit of one of the jurors, that the jury had been permitted by the court to separate at meal times and go wherever they saw fit, and did so. In opposition to the motion, the affidavits of the members of the jury were read, to the effect, that they had complied with the instructions of the court, in having no conversation with any person respecting the trial, and in not remaining…
1Opinion of the CourtRyan, C. J.
The rule in Keenan v. State, 8 Wis., 132, was established as long ago as 1858. A strong appeal was made to this court in Rowan v. State, 30 id., 129, in 1872, to change *398it; but the court refused to disturb it. What we might be disposed to do with it, were it res integra, is not material. The rule has prevailed too long to be questioned now.
And convictions in what are called capital cases cannot be sustained when the jury is permitted to separate during the trial, “ unless it appears that the separation of the jurors was not followed by improper conduct on their part, nor by any circumstances…
2Cases cited1 opinion
- Keenan v. StateWisconsin Supreme Court · 1859
3Cited by11 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Hempton v. StateWisconsin Supreme Court · 1901
- State v. RobinsonWest Virginia Supreme Court · 1882
- Brown v. StateWisconsin Supreme Court · 1906
- State v. MorganUtah Supreme Court · 1901
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