State v. Compton

*421OPINION

HOWARD, Judge.

The main issue in this appeal is whether a juror’s testimony or affidavit is admissible to show improper communications of a third person to the jury.

Appellees were charged with murder and conspiracy to commit murder. The jury acquitted them of murder but convicted both of the conspiracy charge. After hearing post-trial motions relating to alleged statements made by the bailiff to the jurors, the trial court granted appellees a new trial.

In deciding whether to grant a new trial, the court, over the state’s objection, heard testimony from the jurors and considered the…