Smith v. State

Smith was indicted and convicted of the offense of murder. He made a motion for a new trial on many grounds. We do not deem it necessary to discuss them all, but 'will put our judgment upon the one attacking the verdict on account of the gross misconduct on the part of the officers in charge of the jury and of the jurors themselves. It appears from the record that after the jury had been empaneled, the court adjourned for the night and left the jury in the court-room, where they, together with persons not members of the jury, engaged in playing the violin and organ and in dancing. It also…