State v. Green

*174OPINION

By the Court,

Badt, J.:

This is an appeal from an order of the court below granting the defendant’s motion for a new trial following a jury verdict of guilty of the crime of robbery.

Under the provisions of NRS 175.535 the court has power to grant a new trial after a verdict against the defendant, in the following cases only:

“3. When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or have been guilty of any misconduct tending to prevent a fair and due consideration of the case.”

There are seven subdivisions of the section but the portion…