Peterson v. Siglinger

Citations

• 3 S.D. 255
• 52 N.W. 1060
• 1892 S.D. LEXIS 65

Syllabus

<p>1. When the defendant, who was sheriff of the county, mingled with and conversed with jurors while they were deliberating upon their verdict and in the charge of a sworn bailiff, no reasonable excuse appearing therefor, such defendant is guilty of such irregularity as to justify the court in granting a new trial. Affidavits not 'denying the acts charged, but explaining them, hetd not to cure the irregularity in this case.</p> <p>2. A failure of the party moving for a new trial to bring such irregularity to the attention of the trial court before the verdict is rendered, although the irregularity was known to his counsel before the verdict, will not be a waiver of the irregularity, as the trial court could not liave corrected the same. It is only such irregularities as may be corrected before verdict that are waived unless brought to the attention of the court as soon as discovered.</p> <p>3. When a party assigns errors in the charge of the court, the abstract must show that exceptions were taken at the proper time to the portions of the charge alleged to be erroneous, or to the instructions given or refused at the request of the parties. Exceptions, to be available ■to the appellant, must affirmatively appear in the abstract.</p> <p>(Syllabus by the Court.</p>