Maden v. Emmons

The appellant was indicted for larceny; the indictment is valid; he was duly arraigned and entered a plea of not guilty; a jury was called and sworn, evidence and argument heard and the charge of the court delivered. The jury retired for deliberation and remained in consultation for five hours; at ten o’clock of the night of their retirement, they discovered that one of their number was not a resident of the county, whereupon they came into the court-room in the absence of the judge and of the defendant, and also of the attorneys for the prosecution and defence, asked advice of the deputy…