Berry v. Allgood

672 S.W.2d 74, 1984 Mo. LEXIS 247

Opinions

PER CURIAM.

The judgment is affirmed substantially for the reasons set forth by Judge Smith in his opinion for the Court of Appeals, Eastern District, copy of which is appended.

There is no conflict between the conclusions of the majority and the cases of Kennedy v. Holladay, 105 Mo. 24, 16 S.W. 688 (1891); and McGraw v. O’Neil, 123 Mo.App. 691, 101 S.W. 132 (1907), cited by the dissenting judge in certifying the case to us. Both of those cases hold that the trial judge properly exercised his discretion in determining that the contact with jurors there shown did not require new trial.

WELLIVER, HIGGINS, GUNN, BILLINGS, BLACKMAR and DONNELLY, JJ., concur. RENDLEN, C.J., dissents in separate opinion filed.