62 Cal. 523 | Cal. | 1881
The affidavits and counter-affidavits of the jurors were contradictory, The counter-affidavits denied the statements in the affidavits of the moving party, and showed that the jurors, on a full and fair deliberation, arrived at a verdict. This was the conclusion of the Court below, and we ought not, under the circumstances, to disturb that ruling. That Court held that there was no misconduct of the jury, and we are of the same opinion. We do not intend to admit by what is said above that the affidavits referred to were admissible to impeach the verdict.
The bill of exceptions shows that evidence was before the jury on the issues on which it had to pass. It is stated in the bill that each party “ introduced evidence to sustain the issue on their respective parts”—which signifies, in our judgment, that each party offered evidence in order to, or for the purpose of, sustaining the issues on his part. This was
What is said above, in our view, is in entire accord with what is held in People v. Fisher, 51 Cal. 319, and People v. English, 52 id. 211.
Judgment and order affirmed.