State v. Cotter

The defendant contends that he is entitled to a new trial because of an incident that occurred as the jury retired to the juryroom for its deliberations. The affidavit of defendant’s counsel made in support of his motion for a new trial related the incident as follows:

“. . . that the jury impaneled . . . , after retiring to the juryroom for deliberation, was visited by and talked to by Sheriff Emil Stusek, who was appointed as officer in charge of said jury.

“That prior to the jury retiring for deliberation they were placed in the custody of said sheriff, Emil Stusek, who took the oath set…