State v. Kiefer

Citations

• 16 S.D. 180
• 91 N.W. 1117
• 1902 S.D. LEXIS 96

Syllabus

<p>1. Affidavits of jurors that a communication by the judge in answer to a question submitted after submission of the cause influenced their verdict of conviction are not admissible for the purpose of impeaching the verdict. 4</p> <p>2. After a jury had retired to deliberate on a verdict, the foreman sent a communication to the judge, asking if the jury could recommend the defendant to the mercy of the court, which the judge answered in the affirmative, and stated that he had made it an invariable rule to follow such recommendations. Held, that such communication was prejudicial error.</p>