State v. Thacker

OPINION

Following their conviction by jury verdict of grand larceny of two calves, NRS 205.225, respondents successfully moved the district court for a new trial on the ground that one of the jurors used his special knowledge as a cattleman to present unauthorized evidence to the jury. Contending the trial court abused its discretion in granting the new trial, the state appeals.

It is now settled that a motion for new trial may be premised upon juror misconduct where such misconduct is readily ascertainable from objective facts and overt conduct without regard to the state of mind and mental…