Davis v. State

The Court of Appeals desires instructions from the Supreme Court upon the following questions:

“1. In a criminal case where an amendment to the motion for a new trial is based solely upon the ground that one of the jurors was related within the prohibited degree to ’the volunteer prosecutor in the case, it being alleged in the ground that the relationship was unknown to the defendant and his counsel until after the trial of the case, and the newly discovered evidence as to the relationship is that of witnesses, do the provisions of section 6086 of the Civil Code, as to supporting affidavits,…