State v. Andre

Citations

• 14 S.D. 215
• 84 N.W. 783
• 1900 S.D. LEXIS 28

Syllabus

<p>1. That one of the jurors in a prosecution for homicide had imbibed an undisclosed quantity of whisky on two occasions just before being called and accepted as a juror to try the cause, but there was nothing to indicate that he became intoxicated, or drank anything spirituous thereafter, was not sufficient to invalidate a conviction, and authorize the granting of a new trial.</p> <p>2. Affidavits of jurors for the purpose of impeaching the verdict in a criminal case are inadmissible on a motion for new trial.</p> <p>3. Where an affidavit stated that a juror had some time prior to the trial shown a friendly interest in one who had been indicted for the offense with which defendant stood charged, and had solicited aid in the procurement of counsel for him, the trial court’s refusal to grant a new trial thereon showed no abuse of discretion.</p>