State v. Parker

Citations

• 25 Wash. 405
• 65 P. 776
• 1901 Wash. LEXIS 407

Syllabus

<p>CRIMINAL LAW-SEPARATION OF JUEY-CONSENT OF ACCUSED.</p> <p>Under Bal. Code, § 6947, which provides that “juries in criminal cases shall not be allowed to separate, except by consent of the defendant and the prosecuting attorney,” it is reversible error for the court to ask defendant, in the presence of the jury, after the trial had proceeded two days without separation, and the case was almost ready to submit, if he would consent to one of the jurors returning home because of the sickness of his child, to which separation defendant was thus compelled to consent, for fear of prejudicing his case in the mind of said juror.</p> <p>SAME-MISCONDUCT OE JUKY.</p> <p>A juror who has testified on his voir dire examination that he did not know defendant, and that he could fairly and impartially try the case, free from bias, is guilty of such misconduct as to entitle defendant to a new trial, where, after retirement to the jury room, he makes statements to his fellow-jurors of facts not in evidence against defendant, and asserts his belief in his guilt because he knew him to be a member of a gang of toughs.</p>