PEOPLE V. HUTCHINSON 71 Cal.2d 372 (1969) CASE BRIEF

PEOPLE V. HUTCHINSON

71 Cal.2d 372 (1969)

NATURE OF THE CASE: This was an appeal from a conviction for possession of marijuana for sale. Hutchinson (D) appealed the orders of the Superior Court that granted him probation and denied his motion for a new trial in a prosecution for possession of marijuana.

FACTS: D was convicted of possession of marijuana for sale. D submitted an affidavit of a juror alleging misconduct on the part of the bailiff. The trial court refused to consider the affidavit on the ground that: 'They [the jury] can't impeach their own verdict.' The affidavit stated that the bailiff had engaged in intimidating behavior which caused the jury to be rushed and to make a compromise verdict. It included threats that the jury would not get dinner and or be locked up overnight if a verdict were not reached. D appealed. D argued that there was insufficient evidence to support his conviction and that the trial court committed prejudicial error when it refused to consider a juror's affidavit he offered to support his motion for a new trial.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner


No comments:

Post a Comment