Show JURYMAN N MAY MY S L 2 decision no season reason to prevent vt s member from taking doze cour court v the rights of a juryman la in a hut bt courtroom to close 1 his eye eyes occasionally k or nod hia hi bead formed the bail basis of a decision dc ilon handed banded down b by the supreme court of the fate of ash utah monday the Jury juryman mall had been unable to re frais from of dolln dozing doz ln off daring 1 the t X tn trial of elgra mellor on ft a charge charce of stealing siv steep wa was held by the th ku am preme proms court monday to be ve V e tetra fW granting mello a new trial elgin mellor tod and hai has father james mellor were tried for the theft li of the haep and on a charge of receiving tolen jame james mello mellor wu was found oot not guilty on an both counts but el gin in was convicted on the fint first count that charging theft and not guilty on the second elb ei I 1 appealed to the ou preme court complaining that the evidence wai was ta to justify the verdict that the chirt errea in the verdict that the court erred in refusing g to 1 charge the jury ai as requested by him ud and atiat thew As a ini mis on the part of a juror aho vho ho it ii Is alleged went to sleep during the course of tie the trial the supreme court wa was of the L low that the evidence justified the ver diet that the court did not err off in it fusing to charge the jury ai As act retted 1 and thai that from the record the fact that i f one of the durot dozed off wai was not sufficient truon for the supreme court to grant the jura testified i r that list he Is was w fully conscious at it all ali times T and knew what wa was being iid sold on writing the of the court justlee D X said in part though the junr at brief tat liitt vals did doze or fall duleep yet on the record we say ay 01 0 1 the juror did cikot bear and fully to the betance bt ance of the of the wit itil Gran granting or refusing a 11 new now soon upon inch such arouni groan 1 to M this I 1 la s 10 peculiarly peculiar lr othla observation obier brov lase and ana discretion of the trial court that we should not interfere with the ruling except apon a clear abuse of die which is H tot ot here thai hown va 11 |