State v. Bland

Citations

• 9 Idaho 796
• 76 P. 780
• 1904 Ida. LEXIS 97

Syllabus

<p>Communications with Jury — Judge in Jtjryroom — Instructions— Delivering Letter to Juror.</p> <p>1. Where a judge, after the jury have retired for deliberation, goes to the juryroom upon request of a juror, and in the absence of defendant and his counsel, and has a conversation with the jury or a juror relative to the ease, or with reference to their verdict, such conduct will constitute error for which a new trial will be granted.</p> <p>2. All communications between judge and jury should take place in open court, and in the presence of the parties litigant or their counsel.</p> <p>3. An instruction in the language of section 7697, Revised Statutes, as follows: “You are further instructed that the distinction between an accessary before the fact and a principal, and between principals in the first and second degree, in eases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall be prosecuted, tried, and punished as principals, and no other facts need be alleged in any indictment against such an accessary than are required in an indictment against a principal,” is not error.</p> <p>4. It is error to deliver a sealed letter to a juror after the ease has been submitted to the jury.</p> <p>(Syllabus by the court.)</p>