Hittner v. State

Hittner was indicted for murder in the first degree; tried and convicted of manslaughter.

Several errors are assigned.

I. Upon the ruling of the Court in receiving and filing the verdict.

This is based upon the fact that the jury, while considering of their verdict, were in charge of a person sworn to “well and truly discharge his duties as bailiff to said jury according to law;” and who was not sworn in the form, it is insisted, that is prescribed by statute. Sec. 329, p. 113, 2 R. S. 1852. It is not shown that said jury or bailiff misbehaved. A motion to discharge the prisoner for the same…