State v. Duncan

Appellant was charged in two counts: First, with the illegal sale of intoxicating liquors; and, second, for maintaining a nuisance in connection therewith. He was convicted and sentenced upon the second count.

Upon the trial he denied that the liquor kept by him and sold was of an intoxicating character, and that he kept for sale or sold intoxicating liquors at the place charged. Evidence was introduced and considered upon these points.

In support of a motion for a new trial it was shown by the affidavits of several of the jurors that while the jury were deliberating upon their verdict one of…