Phillips v. State
In Phillips v. State, 443 So. 2d 1328 (Ala.Crim.App. 1983) the Alabama Court of Criminal Appeals refused to grant a new trial to a defendant who, prior to and during the trial, contacted a nonjuror friend and persuaded the friend to contact a juror.
While the contents of the discussions between the defendant's friend and the juror were disputed, the court refused to grant a new trial because the defendant "certainly cannot be allowed to benefit by his own misconduct." Id., 443 So. 2d at 1331.
"To allow such," it said, "would be absurd." Id.