State v. Crutchley

*369By the Court,

Leonard, J.:

Appellant was convicted of murder in the first degree. He appeals from an order denying his motion for a new trial, and from the judgment. The grounds of motion for new trial were misconduct of the jury, and error in law occurring at the trial, excepted to by defendant.

1. The court did not err in denying a new trial on the ground of misconduct of the jury, because there was no evidence of misconduct presented which the court had the right to consider. The only evidence offered was the affidavit of a trial juror, purporting to give a statement made by another juror, in…