Cohn v. Wyngarden
North Dakota Supreme Court
Appeal from an order and judgment of the District Court of Kidder county; Coffey, J. “It appears the best and highest evidence of which the case admits if we ask for stronger proof and adopt the rule of shutting the mouths of jurors we may as well close the doors of all inquiries of the case and leave them to act and decide as they please.” Smith v. Cheetham, (N.Y.) 3 Caines 57; Crawford v. State, 2 Yerg (Tenn.) 60; Wright v. Telegraph Co., 20 Iowa 195; Wright v. Inm.
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Appeal from an order and judgment of the District Court of Kidder county; Coffey, J. “It appears the best and highest evidence of which the case admits if we ask for stronger proof and adopt the rule of shutting the mouths of jurors we may as well close the doors of all inquiries of the case and leave them to act and decide as they please.” Smith v. Cheetham, (N.Y.) 3 Caines 57; Crawford v. State, 2 Yerg (Tenn.) 60; Wright v. Telegraph Co., 20 Iowa 195; Wright v. Inm. Telephone Co., 20 Iowa 212; Mattox v. U. S. 146 U. S. 140; 36 Law ed. line 20. “One of the causes assigned by statute for a…
1Opinion of the Court
RobiNSOn; J.
This is an action for a grave assault and battery. Defendant appeals from a judgment for $1,500, with interest and costs, and from an order denying a motion for a new trial. The motion is based on alleged errors in the charge of the court to the jury and on alleged misconduct of a juror. The charge is 'that pending the trial defendant and his witness slept in the same bed and in a room occupied by a juror, and that during the night the juror heard defendant talk in whispering tones to his witness concerning the testimony he should give. The juror makes affidavit that he was not…
2Cited by9 opinions
- Grenz v. WerreNorth Dakota Supreme Court · 1964
- Zimbelman v. LahNorth Dakota Supreme Court · 1931
- O'Dell v. HineyNorth Dakota Supreme Court · 1922
- State v. LindemanNorth Dakota Supreme Court · 1934
- State v. GraberNorth Dakota Supreme Court · 1950
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