Brown v. State
Brown v. State
Opinion of the Court
delivered the opinion of the court.
¥é are not prepared to affirm that no injury resulted to the appellant from the suggestion of the bailiff to the jury that his personal desire was, that they should not longer delay their decision, as he wished to be relieved of further waiting, and by his officious intermeddling in pointing out an instruction (by which the jury was told that it was within its power to find the defendant guilty of murder, and award the punishment of imprisonment for life, instead of capital punishment) upon which, in the opinion of the prosecuting attorney, they would agree upon a verdict.
It is to be hoped that the zeal of the bailiff was abated by his being retired, under the order of the court, to1 the common jail, and that, in his reflections there, it has occurred to him that one on trial for his life has rights which even a bailiff must respect.
Judgment reversed.
Reference
- Full Case Name
- Frank Brown v. State
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Jury. Murder trial. Improper influence. Conduct of bailiff. A verdict of guilty in a murder trial fixing the punishment at life imprisonment, should be set aside, if it be shown that, while the jurors were deliberating, an attendant bailiff pointed out to one of them an instruction which announced their right to fix the penalty, in case of conviction, at imprisonment for life, remarking that the district attorney thought they would agree upon it; and, further, saying that he, the bailiff, wished they would hurry, as he was tired waiting. This court cannot affirm that the accused was not prejudiced by such misconduct.