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

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.

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