Perry v. State

This case presents but two questions, both arising from special grounds of the motion for new trial. Perry, the plaintiff in error, was convicted of murder, and excepted to the refusal of the trial judge to grant a new trial. The evidence clearly authorized the verdict. Indeed counsel did not contend that this was not so, but relied upon the special grounds just referred to.

1. The first of these grounds is a complaint that the court erred in refusing to grant a mistrial. At the conclusion of the evidence the jurors were, at their request, allowed to retire. During their absence a young man…