State v. Church

Citations

• 7 S.D. 289
• 64 N.W. 152
• 1895 S.D. LEXIS 74

Syllabus

<p>Although a court may, in its discretion, permit a jury in a criminal cause to separate during the intervals of the trial, they should be kept together after a final submission of the case; and where a separation occurs before a verdict is reached, but after retirement to the jury room, and is of such a character that one or more of the jurors might have been improperly influenced by others, and there is nothing reliable to show that suoh influence has not been exercised to the prejudice of the accused, the verdict should bs vacated and the case be retried. KelLAM, J., dissenting from decision on the ground that it is conclusively shown by the record that the defendant was not prejudiced by the irregularity complained of.</p> <p>(Syllabus by the Court.</p>