P. v. Spencer
A juror in this case was guilty of misconduct when the juror gave verbal encouragement to the principal prosecution witness, a young robbery victim, when the two shared an elevator during the course of the trial. However, where, as here, the juror's encouraging statements were innocuous and in fact the witness did not respond to the statements, the presumption of prejudice which arose by virtue of the misconduct was successfully rebutted. Accordingly, Court affirm the judgment.
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