In either case the verdict must be set aside unless it is clear that the verdict could not have been affected by the juror's view or the premises. State v. Sands, 248 Or. 213, 433 P.2d 256 (1967); Wolfe v. Union Pacific R. Co., 230 Or. 119, 368 P.2d 622 (1962); Thomas v. Dad's Root Beer, Etc., 225 Or. 166, 356 P.2d 418 (1960); Eckel v. Breeze, 221 Or. 572, 352 P.2d 460 (1960); Schneider v. Moe, 151 Or. 353, 50 P.2d 577 (1935); Frank v. Matthiesen, 115 Or. 349, 236 P. 754 (1925). In the present case the juror Baxter's statement to the other jurors that she had visited the premises and that the photographs introduced into evidence by plaintiff were "deceiving" could have been prejudicial to plaintiff.
Sanders v. Curry County, 253 Or. 578, 580, 456 P.2d 493 (1969). See, State v. Sands, 248 Or. 213, 215, 433 P.2d 256 (1967). Here, the entire jury had viewed the premises and had made its own observations.
We note parenthetically that the defendant's prior conviction for petty larceny, referred to in neither brief, was affirmed in November 1967 by the Supreme Court. This offense was committed in October 1967 while her former conviction for larceny was on appeal. State v. Sands, 248 Or. 213, 433 P.2d 256 (1967). Quite apart from that, it is hornbook law that the trial court normally has authority to impose any sentence within the statute.