Black v. Territory

The plaintiff in error was tried in the district court of the county of Albany upon an indictment for murder in the first degree, a verdict of guilty was returned by the jury, and judgment was entered imposing the death penalty. A motion for a new trial was made by the defendant, upon the ground that, ,I>revious to. the trial, one of the jurors had formed and expressed an opinion as to the guilt of the accused, which was not disclosed by the juror on his examination. In support of the motion, the defendant filed the affidavit of one Joseph E. Hartley, charging the juror in question with…