State v. Strodemier

Decision Date26 December 1905
Citation83 P. 22,41 Wash. 159
PartiesSTATE v. STRODEMIER.
CourtWashington Supreme Court

Appeal from Superior Court, Douglas County; R. S. Steiner, Judge.

Henry Strodemier was convicted of cattle stealing, and he appeals. Reversed.

Rudkin and Fullerton, JJ., dissenting.

W. J Canton and W. E. Southard, for appellant.

W. A Reneaw and Sam B. Hill, for the State.

MOUNT, C.J.

Appellant was convicted of the crime of cattle stealing. He alleges three errors of the trial court. One of these is decided adversely to his contention in State v. Strodemier (Wash filed December 6, 1905) 82 P. 915. Another cannot arise upon a new trial. It is therefore necessary for us to consider but one of the alleged errors. At the beginning of the trial of the case the jury was ordered kept together in charge of sworn bailiffs. While the jurors were not sitting in the jury box, they were kept at a hotel at the county seat. On the morning of January 5, 1905, before the court had convened for the day, and before the jury had breakfasted, one of the jurors, in company with one of the bailiffs, went to a public drinking saloon out of the hotel, without permission of the court or the consent of appellant, and there took a drink of whisky, and immediately returned in charge of said bailiff to the other jurors at the hotel. One or two other persons besides the bartender were in the saloon while the juror and the bailiff were there, but no conversation took place between said juror and other persons, except such conversation as was necessary to order drinks. Appellant maintains that this was such misconduct of the jury as to entitle him to a new trial. The question was presented to the trial court upon motion for a new trial, which was denied.

The court should have sustained the motion upon this ground. If the rule is established that a juror, in company with a bailiff, may separate from the body of the jury and go to a public drinking saloon, and there indulge in drinking intoxicating liquors, without the knowledge of the trial judge or the consent of the defendant, dire results may follow. If one juror may be permitted to do such acts, the whole jury may do so, and jurors disposed to such habits may readily bring jury trials into disrespect and contempt. Public policy forbids that such acts be tolerated in the trial of causes. The fact that the juror took a drink of intoxicating liquor during the trial is not so reprehensible of itself as the fact that he went to a public drinking saloon and at such public place, in the presence of the bartender and one or two others, drank liquor, and was permitted to go there by an officer whose sworn duty required that he should not give the juror drink, except by order of the court. It is the policy of the law, in keeping jurors together and away from the public, that nothing outside of the evidence shall be permitted to influence their verdict. When they are taken, either singly or in a body, to a public drinking saloon, where people who are interested may be expected to, and frequently do, congregate to discuss the case on trial, an opportunity is afforded for undue influence upon the jury, and the spirit, if not the letter, of the law is violated. Cases, no doubt, frequently arise where, from necessity, a juror is permitted to withdraw from the body of the jury for a short period of time, and without the express order of the court or the consent of the defendant on trial. Such acts, of course, arise from necessity, and would not be held to be misconduct. But such is not the case here. The only excuse offered is that the juror was suffering from a cold and pain in the stomach. If these facts were true, no emergency is shown, and no...

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15 cases
  • State v. McCollum, 28809.
    • United States
    • United States State Supreme Court of Washington
    • September 27, 1943
    ......217, 283 P. 1081,. and were, in effect, overruled by Kimbel v. Lumber & Saw. Mill Workers Union, No. 2575, 189 Wash. 416, 65 P.2d. 1066. Cf. Yakima v. Gorham, 200 Wash. 564, 94 P.2d. 180. . . . State v. Strodemier, 41 Wash. 159, 83 P. 22, 111. Am.St.Rep. 1012, questioned by State v. Navone, 180. Wash. 121, 131, 39 P.2d 384. . . . Cunningham v. Krutz, 41 Wash. 190, 83 P. 109, 7. L.R.A.,N.S., 967, and Bolton v. LaCamas Water Power. Co., 10 Wash. ......
  • Meldrum v. State
    • United States
    • United States State Supreme Court of Wyoming
    • March 8, 1915
    ...... insufficient to overcome the showing of misconduct made by. affidavits presented by defendant. ( Hempton v. State, 86 N.W. 596 (Wis.); Commonwealth v. Fisher, 226 Pa. St. 189, 75 A. 134; 134 Am. St. Rep. 1027, 26 L. R. A. (N. S.) 1009; State v. Strodemier, . 41 Wash. 159, 83 P. 22; Gamble v. State, (Fla.) 33. So. 471; Ryan v. Harrow, 27 Ia. 494, 500; Bilton. v. Territory, 1 Okla. Crim. 560, 99 P. 163;. Churchill v. Cir. Judge, 56 Mich. 536, 23 N.W. 211;. State v. West (Ida.) 81 P. 107; Davis v. State, 35 Ind. 496, 9 Am. Rep. 760; ......
  • State v. McCollum, 28809.
    • United States
    • United States State Supreme Court of Washington
    • September 27, 1943
    ...& Saw Mill Workers Union, No. 2575, 189 Wash. 416, 65 P.2d 1066. Cf. Yakima v. Gorham, 200 Wash. 564, 94 P.2d 180. State v. Strodemier, 41 Wash. 159, 83 P. 22, 111 Am.St.Rep. 1012, questioned by State v. Navone, 180 Wash. 121, 131, 39 P.2d 384. Cunningham v. Krutz, 41 Wash. 190, 83 P. 109, ......
  • State v. Powers
    • United States
    • United States State Supreme Court of Washington
    • May 9, 1929
    ...... State, 2 Wash. 183, 26 P. 267; State v. Place,. 5 Wash. 773, 32 P. 736; State v. Rogan, 18 Wash. 43,. 50 P. 582; State v. Barkuloo, 18 Wash. 141, 51 P. 350; State v. Mason, 19 Wash. 94, 52 P. 525;. State v. Strodemier, 41 Wash. 159, 83 P. 22, 111 Am. St. Rep. 1012; State v. Bennett, 71 Wash. 673, 129. P. 409; State v. Morden, 87 Wash. 465, 151 P. 832;. State v. Le Fors, 115 Wash. 21, 195 P. 1041;. State v. Rasmussen, 125 Wash. 176, 215 P. 332. . . In. others, ......
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