People v. Durling

Defendant was charged with murder in the second degree and found guilty of manslaughter in the first degree. We have examined the numerous errors assigned by defendant’s counsel, and find they are either without merit or without prejudice, save in one respect. After rendition of the verdict, and on the sentence date, but prior to its imposition, defendant moved, under section 465 of the Code of Criminal Procedure, for a new trial on the ground, among others, that defendant’s rights had been prejudiced by reason of the misconduct of jurors, and in that connection asked for the designation of a…