Dean v. State of Indiana

Appellant was charged by indictment with first degree murder, tried by jury, and found guilty of murder in the second degree and sentenced to life imprisonment in the Indiana State Prison.

The question here presented is an alleged irregularity of the court as specifically charged in grounds 4 and 5 of appellant’s motion for a new trial, which are as follows:

“4. Irregularity in the proceedings of the Court in that after the Jury had retired to deliberate after final instructions and while the Jury was out deliberating, the Court did, in the absence of the Defendant and without any waiver by…