Practice — New trial — Misconduct of court officer in charge of jury.
On appeal from an order granting a new trial, it was held that the court below did not abuse its discretion, where it appeared that toward midnight, after the jury had been deliberating some hours, they inquired of the court officer in charge about sleeping accommodations and were informed by him, or understood him to say, that they could not separate until after they had agreed on a verdict, and that about two and a half hours later they found for the defendant.
Argued May 13, 1941.
PER CURIAM, June 30, 1941:
This appeal is from a new-trial order made in consequence of the conduct of the court officer in charge of the jury. Toward midnight, after the jury had been deliberating some hours, they inquired of the officer about sleeping accommodations and were informed by him, or understood him to say, they could not separate until after they had agreed on a verdict. Sometime about 2:30 a. m. they found for the defendant. The learned judge held that, in the circumstances, the verdict had been coerced within the rule applied in Welshire v. Bruaw, 331 Pa. 392, 200 A. 67. There was no abuse of discretion. The other questions need not be referred to.
Judgment affirmed.