State v. Gies

HONORABLE THEODORE LENTZ, District Judge,

sitting in place of MR. JUSTICE HOLLOWAY, disqualified, delivered the opinion of the court.

Defendant was convicted on charges of the unlawful possession of intoxicating liquor and maintaining a common nuisance, and has appealed from the judgment and order overruling his motion for a new trial.

Among the affidavits presented on the motion for a new trial is that of Juryman Herbert Reuther, stating that during their deliberations and before they had agreed upon a verdict Juryman B. E. Gibson informed the jury that “he [Gibson] knew the defendant sold…