94 N.J.L. 495 | N.J. | 1920
The opinion of the court was delivered by
The defendants were convicted on an indictment charging them with a violation of their duty as members of the board of registry and election in one of the districts of Jersey City, and brought the record of the judgment based on the verdict of the jury to the Supreme Court for review, assigning errors, and also presenting causes for reversal as permitted by sections 136 and 137 of the Criminal Procedure act. The Supreme Court affirmed the conviction, which is the judicial action the defendants challenge in this court.
The first matter argued by the appellants is, that the trial court erred in charging the jury concerning the duty of the members of the election hoard to compare the signature of the voters written in the poll book with those in the registry book before accepting the votes. The error urged is that the statute
It is further argued by the defendants that it was to their manifest wrong and injury for the trial court to deny a motion to direct a mistrial. The Supreme Court affirmed the action of the trial court upon the ground that the granting of such motion is a matter of discretion, and that the defendants did not suffer any wrong or injury by its refusal. The situation of the cause when this motion was made and denied was as follows: The trial judge determined that, in the proper administration of justice, the jury should be put in the charge of constables and kept isolated during the trial, and for that purpose four constables were sworn and assigned to that duty. After this was done, the court of its own motion directed a detective, in the employ of the prosecutor of the pleas, to watch the jury and see that no' one had opportunity to communicate with them, hut this action was not known to the prosecutor of the pleas. Acting on this instruction the detective intruded on the privacy of the jury and was as active in the care and custody of the jury as the sworn constables. He went to the hotel where the jury was taken, mingled and conversed with them, took his meals at the same table, and could, and did, overhear at least a part of their conversation. When
For affirmance—Twine.
For reversal—Parker, Bergex, Mixturx, Kaítscu r, Black, White, Heppkxh ether, Williams, Taylor, Gardxer, Aokersox, JJ. 11.