(Download) "State West Virginia v. Ronald Eugene" by Sixth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free

eBook details
- Title: State West Virginia v. Ronald Eugene
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 09, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
1. "A motion for a new trial on the ground of the misconduct of a jury is addressed to the sound discretion of the court, which as a rule will not be disturbed on appeal where it appears that defendant was not injured by the misconduct or influence complained of. The question as to whether or not a juror has been subjected to improper influence affecting the verdict is a fact primarily to be determined by the trial Judge from the circumstances, which must be clear and convincing to require a new trial; proof of mere opportunity to influence the jury being insufficient." Syllabus point 7, State v. Johnson, Ill W.Va. 653, 111 W.Va. 653, 164 S.E. 31 (1932).