State v. Drake

CLARK, Judge.

Defendant assigns as error.: (1) the denial of a motion for mistrial because of juror misconduct supported by the uncontra-dicted testimony of a disinterested witness which showed an expression of prejudicial opinion during a recess following the presentation of the State’s evidence by one juror to other jurors on an issue crucial to the defense; and (2) the denial of a motion to call that juror for examination after hearing the uncontra-dicted testimony of the disinterested witness. ■

In support of the motion defendant offered the testimony of Phyliss Jacobs. The record of the…