STATE v. DAVISON

No. 13733.

568 P.2d 159 (1977)

STATE of Montana, Plaintiff and Respondent, v. John Stockton DAVISON, Defendant and Appellant.

Supreme Court of Montana.

Decided August 17, 1977.


Attorney(s) appearing for the Case

James A. Tulley, argued, Big Timber, for defendant and appellant.

Michael T. Greely, Atty. Gen., Allen B. Chronister, Asst. Atty. Gen., argued, Helena, Kenneth R. Olson, County Atty., Big Timber, for plaintiff and respondent.


SHEA, Justice.

Defendant appeals from an order of the district court, Sweet Grass County, denying his motion for a new trial on the grounds of jury misconduct during deliberations.

On October 21, 1976, defendant was charged with theft in violation of section 94-6-302(1)(a), R.C.M. 1947, and was tried on November 29, 1976, in the Sweet Grass County courtroom in Big Timber. Because of bad weather and a cold jury room, the trial judge suggested, at the conclusion...

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