Thomas v. State

Dissenting Opinion

Arterburn, C.J.

I do not think we should be too restrictive or concerned with what the jury receives in the jury room for consideration, during its deliberations, so long as it is competent evidence. The fear that one part of evidence will be overly emphasized is more than counterbalanced by the fact that the memory of the jurymen may not be sufficient to retain details as to exhibits or testimony. Why should a juryman be required to rely upon memory, which can be erroneous *542and which can be corrected by the actual facts. We are seeking the truth after all.

I would affirm the judgment.

Note.—Reported in 289 N. E. 2d 508.