Ex parte Vincent

On the 20th day of April, 1869, John Yincent was indicted in the circuit court of Elmore county, in this State, Hon. J. Q. Smith presiding, for the offense of burglary. At the same term of the court at which he was so indicted, said Yincent appeared to answer said indictment and pleaded not guilty. Thereupon a jury was sworn, charged, and empanneled to try the issue upon said plea. After hearing the testimony the cause was delivered by the court to the jury, on the 22d day of April, 1869, and they retired to consider their verdict. Afterwards, on the morning of the 23d day of said month of…