Commonwealth v. McCormick

The defendants were jointly indicted for an assault and battery. They severally pleaded, in substance, that at a previous term of court a jury was empanelled and a trial begun, which, without their consent, was stopped by the court, and the case taken from the jury, because one of the jurors was found to be surety upon a recognizance entered into by one of the defendants in this case. The several pleas of the defendants were overruled on demurrer; and, after a verdict of guilty against all, the case is reported for the consideration of this court. The defendants contend that, upon the facts…