People v. Backus

Heydenfeldt, J., concurred.

During the trial of this case in the Court below, after the Court had adjourned, and directed the jury to be kept together under the control *276of an officer, one of the jurymen absented himself from the jury room without the custody of the Sheriff for the period of two hours.

The statute of this State provides that the jury may separate by leave of the Court. In the present case the juror left his fellows without such permission. How far this would vitiate the verdict is a disputed point among the Courts of the various States of the Union; it is universally conceded…