Wilkerson v. State

Sam Wilkerson was convicted on an accusation charging him with selling whisky. He excepts to the refusal of a new trial. In the 4th ground of his motion for a new trial (which is the first ground following the usual general grounds) error is assigned because the verdict was received during the absence of himself and of his counsel, no waiver being entered by him or his counsel of his or their right to be present when the verdict was received, or of the poll of the jury. In this ground it is stated that the defendant was under bond. In the 5th and 6th grounds error is assigned because the…