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…
1ConcurrenceChristiaNSOn, J.
I concur in an affirmance of the judgment and of the order denying a new trial.
Appellant contends that the judgment and order should be reversed, and a new trial awarded him on account of: (1) Misconduct of the jury; and (2) erroneous instructions.
The only basis for the first ground are affidavits made by jurors and an affidavit of defendant’s counsel as to statements alleged to have been made to him by a juror. There is no contention that one or more of the jurors were induced to assent to the verdict by a resort to the determination of chance, and under our statute it is only in such case…
2Cases cited2 opinions
- State v. GlassNorth Dakota Supreme Court · 1915
- Johnson v. SeelNorth Dakota Supreme Court · 1913