State v. Thayer

OPINION

OMAN, Judge.

Defendant appeals from his conviction of second degree murder. In his first point relied upon for reversal, he asserts error on the part of the trial court in denying his motion for a new trial, and in denying his request, made at the hearing on his motion, for permission “to attempt to acquire affidavits” from the jurors as to whether any of them, during the trial, had in their possession newspapers containing an article concerning the trial, and, if so, whether they read such article.

The verdict was returned, received and filed on September 20. The motion for a new trial…