249 Pa. 171 | Pa. | 1915
Opinion by
In this case there are ten assignments of error and not one of them in proper form. This shows carelessness in preparation or disregard for what has been repeatedly stated by courts of review in considering the proper practice as to the form of assigning errors. No exception was taken to what the trial judge said in affirming de
The seventh, eighth, ninth and tenth assignments are all open to this general objection. An appeal is necessarily from some definite action of the court below, such as a judgment, decree or final order, and when it is sought to reverse such judgment, decree or final order, upon certain specific grounds, it is necessary to set out in the assignments of. error the precise matters upon which the appellant relies to ask for a reversal. If some parts of the charge be erroneous, or inadequate, or biased and prejudicial, it is necessary to take an exception, and when an appeal is taken, the assignment must contain the exact language of the court complained of and show that an exception was taken and allowed. When a motion for a new trial is refused, and this is relied on to ask for a reversal of the judgment, the order of the court dismissing the motion must be set out in the assignment. When the admission or rejection of testimony is
However, a human life is involved, and without regard to the defective assignments of error, we have carefully examined the entire record for the purpose of determining whether appellant had a fair and impartial trial under the law. Our conclusion is that he had and that he was not denied any legal right to which he was en*
It is strongly urged for appellant that the court below erred in overruling the motion for a new trial. Ordinarily this is a question within the sound discretion of the trial judge and the refusal of such a motion does not constitute reversible error unless there has been a clear abuse in the exercise of that discretion. In the present case the assignment to sustain this contention is defective in form as will appear from an examination of the above cited cases and the appeal might very properly be dismissed on this ground alone. But upon the merits we are in accord with the reasons clearly stated in the opinion of the learned court below refusing to grant a new trial. The affidavits of the four jurors made after the trial by way of explanation as to what influenced them in reaching a conclusion constitute no part of the
“Upon grounds of public policy courts have been universally agreed upon the rule that no affidavits, depositions or other sworn.statement of a juror will be received to impeach the verdict, to explain it, to show on what ground it was rendered,, or to show a mistake in it.”
This rule applies to criminal as well as to civil cases. In many jurisdictions, including our own, it has been held that the affidavits of jurors may be admitted to show that the jury were not improperly influenced, or that they had not been guilty of misconduct, but affidavits of this character have been admitted in rebuttal to disprove charges of misconduct on the part of the jury. This is a very different thing from allowing jurors to impeach their own verdict by affidavits intended to show their own misconduct.
The affidavit of the officer in charge of the jury in substance states that during the time he had taken the jurors out for exercise in the morning, they had stopped at a point near the railroad and viewed a location which the defendant had mentioned in his testimony and that this was done in the absence of appellant and his counsel. The affidavits of the jurors being excluded, the facts stated in the affidavit of the officer were the only ones brought to the attention of the trial judge, not included in the record proper, in passing upon the motion for a new trial. There was nothing in this affidavit to indicate that the defendant was injured or prejudiced by anything the jurors did at that time, and the general rule is that a new trial will not be granted unless it appears that the alleged misconduct was prejudicial to the rights
Judgment affirmed and record remitted for the purpose of execution.