State v. Forsyth

Defendant appeals from a conviction of carnal knowledge with a 14-year-old girl.

Error is assigned to the trial court’s denial of a motion for new trial, based upon (1) the bailiff’s communication with a juror; (2) misconduct of a juror due to illness; and (3) the failure to exclude the in-court identification of defendant by the complaining witness.

Trial commenced on October 2, 1973. The jury was not sequestered. On Friday, October 5, a juror began feeling ill. On Monday, October 8, a court holiday, this juror was hospitalized. On Tuesday, October 9, the court, learning of the juror’s…