Smith v. Blackshear

Hall, Presiding Judge.

Plaintiff appeals from the denial of her motion for mistrial on the ground of. jury misconduct. It seems that during a recess, while the plaintiff’s case was still in progress, plaintiff’s lawyer went into the refreshment room and overheard some jurors talking among themselves about the suit. They were apparently speculating about the absence from the trial of two people who might be expected to be there — one for plaintiff and one for defendant. Nothing in the conversation as reported indicates the jurors had already formed an opinion on the merits of the case.

Plaintiff’…