State v. Degraw

Walter Harry DeGraw, the defendant, appeals the decision of the District Court of the Thirteenth Judicial District, Stillwater County, denying defendant’s motion for a new trial or, in the alternative, a mistrial due to jury misconduct. We affirm in part, reverse in part, and remand for a new trial.

DeGraw raises the following two issues on appeal:(1) Whether the District Court erred in refusing to grant a new trial or declare a mistrial when, during the trial, the jury foreman learned of defendant’s alleged criminal record.(2) Whether the District Court erred in refusing to give defendant’s…