State v. Bucy

Defendant was found guilty of assault in the first degree; he moved for a new trial, which was denied. The appeal is from the order denying a new trial.

The sole question presented by the appeal is whether a new trial should have been granted by reason of the alleged insanity of one of the jurors who sat in the case. In support of the motion for new trial affidavits were presented showing that one of the jurors on July 21, 1927, had been declared insane and ordered committed to the insane asylum, and that he had never been judicially restored to competency either by court order or by a…