This section contains the nature of the case and procedural background.

Ds were convicted of first-degree murder. The jury returned the verdict after nine days of deliberation. The jurors were polled, and each acknowledged the verdict as his own. Two days later Ds filed a motion requesting a new trial on the ground that the verdict had not been freely assented to by all the jurors. Juror Cappin testified that one of the jury attendants spoke to her about the case and told them to hurry up as she, the attendant wanted to go home. The jury attendant, Matron Foye denied the conversation. The trial judge found both women to be credible witnesses but chose to believe Foye rather than Cappin as he personally knew that Foye was grateful to earn extra income as a jury matron. D's appealed.

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