People v. Murphy

The defendant was convicted of the crime of assault with intent to commit robbery and his motion for a new trial was denied. This appeal is from the judgment and the order denying a new trial.

Appellant contends that there is not sufficient evidence to connect him with the commission of the offense. The prosecuting witness positively identified the defendant as one of the men who attacked and attempted to rob him. His testimony was corroborated as to the commission of the offense but not as to the identity of the persons who committed it. The defendant testified that he was not at the scene of the crime at the time of its commission. This testimony is corroborated to some extent by that of other witnesses. Clearly, the determination of this conflict in the testimony was a question for the jury and the trial court.

It is urged that some of the jurors were guilty of prejudicial misconduct. At a recess during the trial one of the jurors “took a seat in the courtroom in the space reserved for spectators. . . . Thereupon the prosecuting witness . . . seated himself beside the said juror and engaged in earnest conversation for a period of at least four or five minutes.” It does not…