James C. Krause v. Jackie D. Taylor

After a jury verdict for all defendants in this wrongful death action, plaintiff filed a motion for new trial and later an amended motion for new trial. One of the grounds relied upon in the original motion was that juror Bert Lee had falsely answered that he had never been a plaintiff or a defendant in any court, when in fact he had been indicted, tried and acquitted in a proceeding in the United States District Court, Eastern District of Tennessee. The amended motion for new trial asserted that juror Bert Lee was ineligible and incompetent to serve as a juror because he had been tried on a two-count indictment in the United States District Court, Middle Division of Tennessee and convicted of violating 18 U.S.C. 495, 1341 (1970).