Biggs v. State

There are two questions urged in the petition in error in this proceeding which require attention. The more important of the two is the claim of misconduct of two jurors during the progress of the trial. This alleged fact was not known to the plaintiffs in error, Cam Biggs and Rodney Biggs, until after the close of the trial and it was presented to the trial court on the motion for a new trial, the evidence being set forth in affidavits. There is no serious dispute between the parties as to what was said and done at the time of the alleged misconduct. Briefly stated, it is shown that during a…