SEVERSON, Circuit Judge.
This is an appeal from an order granting a new trial. We affirm.
FACTS
On January 28 and 29, 1993, a jury trial was held in which the state charged Lenny Wilkins with alternative counts of first degree rape and sexual contact with a child under sixteen years. After the jury had reached a verdict, but prior to the verdict being announced, the foreperson of the jury advised Trial Judge Roland Grosshans that he checked out from...
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