Nolan v. State

Warner, Chief Justice.

1. The defendant was indicted for'.the offense of murder, and on the trial thereof, the jury returned a verdict finding him guilty of voluntary manslaughter. ■ When the jury were out the night before the verdict was returned, the defendant’s counsel consented that if the jury should agree that night they could return a sealed verdict to'the clerk and disperse. The jury did hot agree upon a verdict that night, but on the next day brought in their verdict, which was received in the absence of the defendant and his counsel. The defendant made a motion in arrest of judgment…