Powell v. Commonwealth

The majority opinion deals with the second ground urged for reversal of the death sentence. As stated by appellant’s counsel, *735it is that he “was denied his constitutional and statutory rights when his counsel was not present at the time the verdict was returned by the jury which resulted in a denial of his right to have the jury polled.” There are two answers to this contention: (1) The accused was not denied “a reasonable opportunity to have his counsel present,” and (2) the accused waived his right to have the jury polled.

The majority opinion rests its holding upon a statement from Carver…