Smith v. State

The plaintiff in error was tried and convicted upon an information charging him with rape. After verdict, and before judgment, the plaintiff in errpr moved the court to set aside the verdict and grant a new trial upon the following grounds: Upon the exception taken to the introduction of evidence; that the verdict is against the evidence; that the defendant’s counsel had not been given an opportunity to be present at the coming in of the jury and delivery of the verdict; and that the jury had been discharged before the rendering of the verdict. Upon this motion the defendant submitted *617the…