Litzenberger v. Litzenberger
New York Supreme Court
Motion by defendant for a new trial
1Opinion of the CourtRodenbeck, J.
It is claimed that there was misconduct on the part of the jury in having brought into the jury room a coat which the defendant wore at the time of the commission of the alleged act of adultery. One of the officers of the court at the request of the jury obtained the coat from the defendant and brought it into the jury room. It is claimed that this constitutes misconduct and prejudicial error. Communications with a jury with reference to the case while they are deliberating upon their verdict are grossly improper but do not necessarily constitute legal error. Such misconduct varies from some…
2Cases cited12 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- People v. . DolanNew York Court of Appeals · 1906
- Werner v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Wood v. BulkleyNew York Supreme Court · 1816
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