State v. Burcham

Citations

• 109 Wash. 625
• 187 P. 352
• 1920 Wash. LEXIS 935

Syllabus

<p>Criminal Law (327)—Trial—Taking Exhibits to Jury Room. In a prosecution for the unlawful possession of whiskey, it is not error to allow the jury to take to the jury room bottles of whiskey introduced in the evidence as exhibits and to smell and sample the contents during the deliberation; the matter ordinarily being within the discretion of the trial court.</p> <p>Same (347, 348)—New Trial—Misconduct of Jurors—Sampling Whiskey Exhibits. The denial of a motion for a new trial for misconduct of the jury in sampling and drinking whiskey which, as an exhibit in the case, was taken to the jury room, is not prejudicial error where it does not appear that any of the jurors were under the influence of liquor.</p> <p>Same (212)—Trial—Tests—Sampling Whiskey. In a prosecution for the unlawful possession of whiskey, any sampling and testing by the jury should be in the presence of the court at the trial, and not in the jury room on deliberating upon the verdict; but the same is usually unwise and unnecessary.</p>