State v. Costello

Lea, J'.

James Costello having been convicted of the murder of John Dunn by the verdict of a jury,, without qualification, is appellant from a sentence of death rendered in accordance therewith.

The grounds upon which the appellant claims a reversal of the judgment are embodied partly in two bills of exceptions, from the first of whicli it appears that “after the jury had been empannelled and sworn, and at a late hour in the afternoon, and before any testimony had been offered, and before the jury had heard the indictment read to them, and by the written consent of the defendant, given in open…