Williams v. Chicago & N. W. Ry. Co.

Citations

• 11 S.D. 463
• 78 N.W. 949
• 1899 S.D. LEXIS 17

Syllabus

<p>1. The mere presence in the jury room of a bailiff, having charge of the jury, for four or five hours, during which time no vote was taken by the jury, and the case was not discussed, and the bailiff held no communication with any of the jurors, and nothing occurred which could possibly have influenced any juror, is not such misconduct of the jury as will warrant a new trial, in the discretion of the lower court.</p> <p>2. A trial judge may, of his own motion, instruct a jury, at any time before the verdict is received, concerning the number of jurors required to render a verdict.</p>