State v. Remen

Taylor, C.

The defendants were convicted of the crime of robbery and appeal from an order denying a new trial.

Only one question is presented. At the trial, after the state had rested and while a witness called in behalf of the defendants was being examined by Mr. Malmberg, their attorney, the court took a short recess. What occurred when the court reconvened is stated in the record as follows:

“The Court: Stand out here, Mr. Juror, the gentleman that I was speaking to. (One of the jurors rises.)

“The Court: You say that this man approached you just a while ago?

“One of the jury: A while ago and…