Winslow v. Morrill

Decided July 1, 1878

Supreme Judicial Court of Maine · decided 1878-07-01

ON motion, from the superior court, by the defendant for a new trial because, among other grounds, of the misconduct of Edward S. Hacker, one of the jurors who tried the cause.

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Decided 1878-07-01

How this case has been cited

Cited by 10 later decisions — most recently December 1994

10 state decisions

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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WaltoN, J.

¶1It is now well settled that jurors must decide eases upon such evidence as is produced before them by the parties to the litigation, and that they cannot go in search of evidence privately, or act upon evidence thus obtained. Heffron v. Gallupe, 55 Maine, 563. Bowler v. Washington, 62 Maine, 302.

¶2The court is of opinion that the conduct of Mr. Hacker, one of the jurors who tried this cause, was such, in this particular, as entitles the defendant to a new trial.

¶3Motion sustained. JVew trial granted.

Appleton, C. J., Barrows, Virgin and Peters, JJ., concurred.