DocketNumber: No. 29482
Citation Numbers: 129 Neb. 1
Judges: Carter, Day, Eberly, Good, Goss, Paine, Redick
Filed Date: 5/10/1935
Status: Precedential
Modified Date: 9/9/2022
Roy H. Preston was convicted of arson and prosecutes error proceedings to this court. The assignments of error relate to the misconduct of the bailiff in the performance of his duties with the jury. The plaintiff in error relied mostly upon affidavits which are not a part of the bill of exceptions and so cannot be considered. First Trust Go. v.
The conduct of a bailiff in charge of a jury is a question of fact. It will be presumed, in the absence of a proper bill of exceptions, that the evidence was sufficient to support the finding of the trial judge.
Affirmed.