People v. Azoff

Citations

• 105 Cal. 632
• 39 P. 59
• 1895 Cal. LEXIS 692

Syllabus

<p>New Trial—Misconduct of Jury—Reading Newspaper Reports— Affidavits to Impeach Verdict.—The affidavit o£ a juror cannot be received to impeach the verdict, except in the single case of a resort to the determination of chance; and it is not admissible to prove that the jury were guilty of misconduct by reading newspaper reports of the trial, either by the affidavit of a juror, or by the affidavits of other parties as to statements made by the jurors.</p> <p>Id.—Disproof of Misconduct.—Affidavits of jurors may be used to disprove or explain alleged misconduct, but cannot, admitting the misconduct, be used to show that the verdict was not influenced thereby.</p> <p>Id. —Knowledge of Trial Judge — Testimony. —It is not error for the trial judge to refuse to be sworn on the hearing of the motion for a new trial to show that he had admonished the bailiff not to allow the jury to read papers relating to the case. Such showing is not material, but the fact, if it existed, was matter within the knowledge of the court, and might be stated as a fact in a bill of exceptions without proof.</p> <p>Id.—Useless Evidence—Rebuttal of Misconduct—Harmless Error. Where there is no competent evidence before the court tending to show that the jury had been guilty of misconduct, evidence in rebuttal of the misconduct is not required, and any incompetent evidence in rebuttal thereof can be productive of no harm.</p>