STATE EX REL. ROBINSON v. HARTENBACH

Nos. 70278, 70282.

754 S.W.2d 568 (1988)

STATE ex rel. James R. ROBINSON, Relator, v. Honorable James R. HARTENBACH, Judge, Circuit Court of St. Louis County, Respondent. STATE ex rel. Theodore ALDRICH, Relator, v. Honorable James R. HARTENBACH, Judge, Circuit Court of St. Louis County, Respondent.

Supreme Court of Missouri, En Banc.

July 26, 1988.


Attorney(s) appearing for the Case

David C. Godfrey, Clayton, Steven S. Fluhr, St. Louis, for relator.

Michael J. Smith, Asst. Pros. Atty., George R. "Buzz" Westfall, Pros. Atty., Clayton, for respondent.


HIGGINS, Judge.

James Robinson and Theodore Aldrich, two of the jurors sequestered for the criminal trial of Walter Harvey, spliced the disconnected wires on a television-radio set in their hotel room and watched or listened to newscasts concerning the trial in violation of the court's order. Although their misconduct was discovered shortly after the trial, the court did not commence prosecution for indirect criminal contempt...

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