Wells v. State

• On the'trial of Set Wells under an indictment chargr ing him with hog-stealing, after the argument was concluded and *88the charge given to the jury, and when the court was about to take a recess for the night, counsel for both sides consented that the jury should disperse after agreeing upon a verdict, and that the foreman should return the verdict into court the next morning. A verdict was agreed upon during the night, and the jury then dispersed. The next morning a verdict in the following words was rendered: “ We, the jury, find the defendant guilty of misdemeanor.” Thereupon the court,…