State v. Rambo

The opinion of the court was delivered by

Smith, J. :

The appellant, William Rambo, was found guilty of murder in the second degree. On the hearing of the motion for a new trial the affidavit of L. G. Eike, one of the jurors, was filed by defendant in support of his application. The material part reads:

“When the jury retired to consult and deliberate upon their verdict, the fact that William Rambo, commonly known as ‘Toots’ Rambo, defendant, did not go upon the stand to testify in his own behalf was freely commented upon and discussed in the jury-room, and the jurors, while so deliberating,…