State v. Keehn

Citations

• 85 Kan. 765
• 118 P. 851
• 1911 Kan. LEXIS 148

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Misconduct or Jurors — Not Prejudicial. While the evidence was being presented at the trial of the defendant for murder one of the jurors drew an inaccurate sketch of the scene of the homicide in his notebook, so that he could follow the movements of the principals, and others, as detailed by the witnesses, more intelligently. When the jury entered upon its deliberations it felt the need of a sketch to visualize the scene, and no other being available, commenced to draw one, when the juror submitted his, which was used for the purpose. Held, a new trial will not be granted for misconduct of the juror or of the jury, or because the jury received “evidence, papers or documents not authorized by the court,” as provided for in section 275 of the code of criminal procedure.</p> <p>2. - Same. The jury agreed on a verdict of guilty but were unable for a time to agree on the degree of the crime, some favoring murder in the second degree and some favoring manslaughter. A letter to the judge was written asking all clemency for the defendant that could be given in second degree murder, and it was agreed that if a verdict of that kind were reached the letter would be signed' and sent to the judge. A ballot was then taken, resulting in a unanimous verdict of murder in the second degree, which was duly returned, and the letter was signed and delivered as proposed. Held, the verdict will not be set aside for misconduct of the jury, or because it was reached by artifice, or because it represents other than a fair expression of the opinion of the jurors.</p> <p>3. - Impeaching the Verdict. On the hearing of the motion for a new trial the defendant, to impeach the verdict, offered in evidence the affidavits of those jurors who, before the letter was written, voted for a verdict of manslaughter, which affidavits stated that the jurors making them were induced to vote for murder in the second degree because- they believed the judge had power to lower