State v. Scroggins

SMITH, Justice.

Respondent Scroggins was adjudged guilty of the offense of assault with a deadly weapon. The district court granted him a new trial upon his motion therefor alleging prejudice to him arising from the jury’s knowledge of a certain newspaper article and from asserted improper jury instructions.

Appellant (plaintiff) State of Idaho has appealed from the order granting a new trial, assigning error committed by the trial court in entering the order, first, “on the basis of an affidavit of a third party [respondent’s counsel] as to the statements of members of the jury subsequent to…