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STATE v. OSCHE

No. A-97-683.

576 N.W.2d 204 (1998)

6 Neb. App. 640

STATE of Nebraska, Appellee, v. James OSCHE, Appellant.

Court of Appeals of Nebraska.

March 10, 1998.

Attorney(s) appearing for the Case

Dave B. Eubanks, of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., Scottsbluff, for appellant.

Don Stenberg, Attorney General, and Mark D. Starr, Lincoln, for appellee.

MILLER-LERMAN, C.J., and SIEVERS and INBODY, JJ.

SIEVERS, Judge.

INTRODUCTION

This opinion addresses the issue of whether a defendant should be granted a new trial when a juror professes to a nonjuror, during a morning recess and before submission of the case to the jury, that the defendant is "`guilty as hell.'"

BACKGROUND

James Osche was charged by information in the district court for Box Butte County, Nebraska, on three counts of theft of

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