Wellitz v. Thomas

Opinion by

James, J.,

On the afternoon of December 6, 1934, the court below, having charged the jury, left instructions that when the verdict was reached, it was to be sealed. The following morning, eleven of the jurors were in the jury box, but the foreman was absent. A minor son of the foreman presented a certificate, from a physician, stating that the juror was too ill to come to court and also a note from the foreman making the same explanation, and submitted an envelope containing the verdict slip. The envelope was torn open and the verdict read to the eleven jurors, who, when asked…