People v. Gardner

After a jury trial in the circuit court of St. Clair County, defendants Thomas R. Gardner and Harry McCraw were convicted of the offense of burglary and each was sentenced to a term of two to six years in the penitentiary. Both defendants have appealed and their appeals have been consolidated for purposes of review.

Two issues are presented by the defendant, Thomas R. Gardner for review: The first is whether the trial court erred in not dismissing the jury or alternatively returning it for further deliberations when, upon polling, a juror expressed his assent to the verdict in an unorthodox…