Show TO PEN FOR UN Judge Armstrong Overrules r Motion for New Trial j jUnique in Unique Case MUST SERVE THREE YEARS Court Holds That Affidavit of R Morris Does Not Affect Case The affidavit of Richard 1 1 Morris candidate lor or mayor of oi Salt Lao Lake on Democratic ticket that when lion actIng act act- Ing as LS juror in Iii the trial tria of John F F. F Fleming now convicted of robbery he tc had formed Ins his opinion it Lt to iy the gull guilt ot the prisoner before the had hai offered a t word t testimony was tot liot effective Wednesday morning in Iii securing scour scour- ing a new trial for Fleming The Tue motion mo mo- tion to that effect was overruled and Iteming sentenced to three years in inthe the lit state prison Morris was foreman of or the Jury flint tha convicted Fleming of robbing Deputy Sheriff of of-bs of ills revolver In ln a motion for a now new presented by Flemings Fleming's counsel tounsel Harry S. S Harper Judge Armstrong held that If the motion were allowed it would be simply impeaching a juror on his own testimony This the Judge slated is not lOt possible possible- according to the rules of law lass and practice Mr Mi Harper also argued that the tho court court- han had erred in railing failing to Instruct the jurors to 0 bring in to a a. ver verdict let of no guilty on motion of counsel vho that the state had proved no fluent to rob J ridge Judge Armstrong however held thai in III continuing the the- case and presenting pre seating evidence Fleming had imad waived any right to a ne trial un on this sore ore |