A Treatise on the Organization, Custody and Conduct of Juries; Including Grand Juries

A Treatise on the Organization, Custody and Conduct of Juries; Including Grand Juries

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...if the court be risen, give a privy verdict before any of the judges of the court, and then they may eat and driuke, and the next morning, in open court, they may either aflirm or alter their privy verdict, and that which is given in court shall stand. But in criminall cases. of life or member the jury can give no privy verdict, but they must give it openly in court. And hereby appeareth another division of verdicts, viz., a publique verdict openly given in court, and a privy verdict given out of the court, before any of the judges, as is aforesaid." ' This, We apprehend, remains the rule at the present day, though two or three instances are found to the contl'=1l'_Y-Thus, in such a prosecution in Iowa, the jury, after receiving the charge of the court, retired, made up their verdict, and then separated, and afterwards returned it into court. It was held a good verdict, notwithstanding the fact that during their separation some of them were heard talking about the case.' So, in Ohio it is, or at least was, the practice for the jury, in criminal cases, to make up and seal their verdict, and then separ.-1te;' but it was required (find we suppose it is the rule everywhere) that all of them be present at the time of its delivery in court, in order that 'Sanders v. State, 2 Iowa, 230, 278. See also Willing v. Swasey, I Browne (Pa.) 123. that they might be polled if the prisoner desired it.' But in Massachusetts, where a stricter practice obtains, where a jury were instructed that, after having agreed upon their verdict, they might seal it up, separate, and bring it into court the next morning, and, after so agreeing, they neglected to commit it to writing, but separated, and, on coming into court the next...show more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123698031X
  • 9781236980311