People v. McAuslan

By the Court,

Wallace, J.:

The defendants were tried, and, by the verdict of the jury, found guilty of the crime of assault with intent to commit murder.

They subsequently moved the Court below to set aside the verdict and grant them a new trial; the motion was sustained, and from the order granting the new trial the people have appealed.

The motion was made upon several grounds: that the verdict was found by unfair means and was not a fair expression of opinion on the part of the jury; misconduct of the jury in clandestinely procuring and drinking ardent spirits in the jury-room while…