State v. Dingman

Taylor, C.

Defendant was convicted of the crime of an attempt carnally to know a female under the age of 18 years, and appeals from an order denying a new trial. He rests his appeal on the fact that the court received the verdict and discharged the jury when neither he nor his attorneys were present and when the clerk of the court was not present to record the verdict. As he was on trial for a felony, the statute gave him the right to be present when the verdict Avas returned and to poll the jury unless he Avaived that right. G. S. 1923 (2 Mason, 1927) § 10705; State v. Knutson, 175 Minn. 573,…