Silvey v. State

Blandford, Justice.

The plaintiff in error was indicted for the offence of an assault with intent to murder. After the testimony had been delivered, the arguments of counsel (made), and the jury charged with the case by the court, the officers in charge of the jury permitted six of them to withdraw and separate from, and go to their homes; the others remained in the room, but were suffered to go to and return at will from the water-closet; one of the jurors separated himself, and by himself went to an engine house. One of the jurors asked a bailiff what the practice was, when the jury had…