United States v. Groce

The sleeping juror is not a new phenomenon in the trial of a case; and there are proper ways to meet the situation when confronted with it. The general rule is summarized as follows:

While such matter may be a ground for a new trial where the objection was promptly raised and prejudice is shown, the fact that a juror was asleep in the jury box during a portion of the trial is not alone ground for a new trial, especially where accused has knowledge of the fact and fails to object at the time, or where it appears that accused was not prejudiced. The length of time during which the juror slept…