126 Iowa 355 | Iowa | 1905
— .¡The return to the writ issued out of this court makes it appear that in October, 1903, an information was filed in the district court of Polk county charging this plaintiff with a contempt of court, for that well knowing that one John Fletcher was a juror duly summoned, drawn and sworn as one of a jury in a civil case wherein one Lewis was plaintiff and Jesse O. Wells was defendant, then pending and on trial in said district court, he did willfully and knowingly attempt to improperly influence said juror to render a verdict in said cause by conversing with him about said cause, and the merits thereof, and soliciting said juror to favor the defendant, in said cause in the verdict to be rendered therein. TJpon the filling of such information a rule issued, and in response thereto this plaintiff appeared, and made answer in
The contentions of plaintiff in this court are, in substance, two: First, that the district court erred in overruling the motion to discharge; second, in finding plaintiff guilty, for the reason that the evidence shows that at the time it is alleged plaintiff attempted to improperly influence said Fletcher he was not a juror sworn in said case, but a member of the regular panel, and there was therefore a fatal variance, and a failure of proof.
, I. The questions arising out of the motion to discharge are identical in all respects with those raised and disposed of adversely to the contentions of plaintiff in the ease of M. Drady v. District Court, 126 Iowa, 345, an opinion in which ease has been filed at the present term. We need go no father than .to say that in the respect now in question this case must be ruled by the holding in the case cited.
II. ' By section 4461 of the Code it is provided that “ any court of record may punish the following acts or omissions as contempts: * * * (4) Bribing, attempting to bribe, or in any other manner improperly influencing or attempting to influence a juror to render a verdict, or suborning or attempting to suborn a witness.” Counsel for plaintiff make the contention that the word “juror,” as’used in said section, does not embrace members of the general jury panel who have not been sworn to try an issue of fact in a particular case. We think there is 'no merit in the contention. What the legislature intended was to prevent any attempt to influence the results of jury trials by improper means. A jury in each case is made up, of course, from the persons drawn and summoned to act as jurors, and it would be absurd to say that one having ,a case for trial might resort to any system of