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32 Me. 334

Newell v. Ayer

Supreme Judicial Court of Maine

Decided July 1, 1850

Supreme Judicial Court of Maine · decided 1850-07-01

A message was sent by the jury 'to the Judge, that they were not likely to agree upon a verdict and the officer, under direction of the Judge, opened the door and apprised the jury that they were called into court. It was then said by one of the jury that they could probably agree, and the Judge, on being notified of it, recalled the order.

Cited by 2 later decisions — most recently December 1985

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1850-07-01

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Wells, J.,

¶1orally.—Where misconduct on the part of jurors has been of injury to a party, it is the duty of the court to set aside their verdict. It was misconduct in the two jurors to leave their room without permission of the court. But they held no conversation with any one, and it does not appear that any injury could have resulted from their act.

¶2The motion is overruled.

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