State v. Ausplund
171 P. 395 | Or. | 1918
delivered the opinion of the court.
Counsel for defendant has presented an exceedingly vigorous argument for a rehearing based upon the contention that affidavits of jurors offered for the purpose of impeaching their verdict ought to be considered by the court upon a motion for a new trial. However, nothing is said therein that has not had very serious consideration of this court upon several occasions and yet we have not been able to arrive at a conclusion which would reverse the doctrine announced in Cline v. Broy, 1 Or. 89, and consistently followed ever since. Nothing can be added at this time to the original opinion herein, to which we adhere. The petition is denied. Affirmed. Rehearing Denied.