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5 Ala. App. 162

Dill v. State

Alabama Court of Appeals

Decided June 13, 1912

Alabama Court of Appeals · decided 1912-06-13

Heard before Hon. Mike Sollie. Levi Dill was convicted of violating the prohibition law and he appeals. The court erred in refusing to grant a new trial on account of the misconduct of the jury. — K. G. M. & B. v. Philips, 98 Ala. 175; Blotter v. The State, 72 Ala. 179; 12 Cyc. 717-8.

Relies on Herndon v. State · Thomas v. State · Ferguson v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1912-06-13

How this case has been cited

Cited by 3 later decisions — most recently April 1984

3 state decisions

1019121920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PELHAM, J. —

¶1The defendant Avas convicted of having violated the prohibition laws. After the verdict and judgment of conviction, the defendant moved the court for a new trial, alleging misconduct of the jury trying the case as ground .for the motion. The misconduct alleged is that, while the jury was in the jury room deliberating upon a verdict, a juror in an adjoining jury room, engaged in considering another case, entered the jury room in which the jury in this case was deliberating (in which there was a closet), and Avas asked by one of the jurors in this case what the jury had done in the *164other case, in which he was a juror; whereupon the juror in the other case informed him. It is not shown that there was any affinity between the cases, or that the defendants-in the different cases were associated or connected in any way. It does not appear that the court abused its discretion in refusing to grant the defendant’s motion'for a new trial. Moreover, the ruling of the trial court in refusing the defendant’s motion is not revisable here. Herndon v. State, 2 Ala. App. 118, 56 South. 85; Ferguson v. State, 149 Ala. 21, 43 South. 16; Thomas v. State, 139 Ala. 84, 36 South. 734.

¶2Affirmed.

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