State v. Burton

Citations

• 65 Kan. 704
• 70 P. 640
• 1902 Kan. LEXIS 118

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jury and Jurors — Misc.nduof. When , a Juror in a capital case makes a statement to his fellow members about material matters outside the evidence, and of a prejudicial character, based on his personal knowledge, it will vitiate the verdict, unless a clear showing be made that the defendant suffered no prejudice from the misconduct.</p> <p>2. -When it is the Duty of Court to Keep Jurors Together. While the law allows a separation of the jury, with the permission and under proper admonition of the court, until a final submission of the case, yet, if it appears that enemies or friends of the accused will endeavor to influence the jury, or that jurors, in commingling with the public during the trial, will be exposed to improper extraneous influences, or be affected by the passions or prejudices existing outside the court-room, it is within the province and duty of the court to keep the jury together during the trial, under the restraining supervision of an officer.</p>