Separation of Jury – the failure of the officer in charge of the jury to keep them together after they have retired for deliberation, sometimes is in itself ground for a new trial

separation of jury:

1. The separation of one or more jurors from their fellow jurors.  The dispersal of a jury, the jurors going to their several homes or about their businesses or pleasures.  53 Am J1st Trial § 862.
     The term implies the failure of the officer in charge of the jury to keep them together after they have retired for deliberation.  Such separation is in some states in itself ground for a new trial.  in other states it is ground for a new trial unless it is affirmatively established that no prejudice resulted therefrom.  People v Adams, 143 Cal 208, 76 P 954. [1]

References:

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[1]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

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