State v. Kearney

The opinion of the court was delivered by

Marshall, J.:

The defendant was convicted on seven counts of being a persistent violator of the intoxicating-liquor law of this state, and appeals.

He argues that there was error committed by the court in not granting to the defendant a new trial on account of the misconduct of the jury in receiving information in the jury room outside of that introduced on the witness stand. The information complained of was shown by the testimony of one of the jurors. He testified that in the jury room another juror who had been- voting for acquittal voted for…