People v. Cochran

The defendant, Timothy P. Cochran, was convicted of the unlawful possession of a narcotic drug, namely, cannabis sativa L. (marijuana). Following the verdict, defense counsel learned that during its deliberations the jury burned a small portion of the state’s evidence and some substances introduced by the defendant in order to compare their odors.

In defendant’s motion for judgment of acquittal, new trial and in arrest of judgment, the burning was alleged to constitute misconduct on the part of the jury. The trial court, after an evidentiary hearing, took the matter under advisement and…