State v. West

Citations

• 11 Idaho 157
• 81 P. 107
• 1905 Ida. LEXIS 36

Syllabus

<p>Separation op Jury After Submission op Case — Affidavit of Juror Explaining His Conduct — Should be Corroborated.</p> <p>1. Where a juror deliberately separates himself from the other jurors after the case has been finally submitted to the jury and leaves the bailiff and remains out of view of the bailiff and other jurors for a period of from three to five minutes, and his whereabouts and conduct during that time are unexplained except by his own affidavit, and it does not appear that the absence was the result of necessity, accident or mistake, a new trial will be granted.</p> <p>2. The uncorroborated affidavit alone of a juror who deliberately separates himself from his associates and bailiff in disregard of the law, as well as the admonitions of the court, should not be accepted as a satisfactory explanation of his whereabouts and con-duet during such separation.</p> <p>(Syllabus by the court.)</p>