State v. Bennett

Citations

• 71 Wash. 673
• 129 P. 409
• 1913 Wash. LEXIS 1386

Syllabus

<p>Criminal Law — Trial—Misconduct oe Juror — Separation—Prejudice. Under our statutes, Rem. & Bal. Code, § 2159, requiring jurors in criminal cases to be kept together, except in cases of misdemeanors under Id., § 346, it is reversible error in a felony case for a juror to separate from his fellows, and it is not permissible for him to excuse his conduct and show that no prejudice resulted.</p> <p>Same — Separation oe Jury — Waiver—Objections—Sufficiency. A separation of the jurors in a felony case, known to the court and objected to by the defendant at the time, is not waived because the objection or protest was technically insufficient or not put in apt words, and it can thereafter be raised on motion for a new trial.</p>