LaMatt v. State ex rel. Lucas

This was a bastardy proceeding. After the evidence had been heard, and while the argument to the jury was being made, the court adjourned for the day and the judge left the courtroom. Thereupon six of the jury engaged in trying the case approached the relatrix, and, with her consent, inspected the features of the bastard child. There was a verdict, finding that the defendant was the father of the child, and he insists that the action of the six jurors was such misconduct as entitled him to a new trial.

At the proper time the defendant presented to the judge, and asked to have given, the…