State v. Robidou
North Dakota Supreme Court
Appeal from District Court, Burleigh county; Honorable W. H. Winchester, J. Action by the State of North Dakota against George Robidou. From an order denying defendant’s motion for a new trial, defendant appeals. Accepting a juror who conceals his unfitness is no waiver. State v. Stockman, 9 Kan.
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Appeal from District Court, Burleigh county; Honorable W. H. Winchester, J. Action by the State of North Dakota against George Robidou. From an order denying defendant’s motion for a new trial, defendant appeals. Accepting a juror who conceals his unfitness is no waiver. State v. Stockman, 9 Kan. Appi 422, 58 Pac. 1032; Heasley v. Nichols, 38 Wash. 485, 80 Pac. 769; Moody v. Pearce, 7 J. I. Marsh. 221. If prejudice might have resulted from juror’s misconduct, it is presumed, and a new trial should be granted. Monroe v. State, 5 Ga. 140; Myers v. State, 97 Ga. 94, 25 S. E. 252; 2 Thomp.…
1Opinion of the CourtCarmody, J.
Appellant was, on the 25th day of May, 1910, convicted by a jury in the distinct court of Burleigh county of keeping .and maintaining a common nuisance, in violation of § 9373, Bev. Codes 1905. One James B. Ealconer was accepted as a juror after an examination as to his qualification by both parties. On the 31st day of May, one William J. Empting made an affidavit that he was well •acquainted with the juror Ealconer; that, after said Ealconer had been ■•accepted as a trial juror, he accosted affiant on or about noon of the 24th day of May, and stated that he, said Ealconer, had to get off…
2Cases cited13 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- People v. . JohnsonNew York Court of Appeals · 1888
- State v. HowardSupreme Court of Missouri · 1893
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
- State v. BeasleySupreme Court of Iowa · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. CypherIdaho Supreme Court · 1968
- State v. CrayNorth Dakota Supreme Court · 1915
- People v. StrauseIllinois Supreme Court · 1919
- Mathisen v. NortonWashington Supreme Court · 1936
- United States v. SmithUnited States Court of Military Appeals · 1955
4 more not listed; retrieve them via the Exa API.