Buttersworth v. State

1. A defendant being tried for murder has a right to have the jury kept together throughout the entire trial of his case; however, he may waive this right. Where the accused in such a case, before its submittal to the jury, agreed through his counsel, at a private conference between the judge, the solicitor-general, and all of his attorneys, that the jury might be dispersed for the night under instructions from the court, which were given, he will not be heard to complain for the first time after verdict, and on his motion for new trial, that the consent for the dispersal was given because…