Legal Opinion

Sargent v. State

Ohio Supreme Court

Decided December 15, 1842PublishedCited by 2 opinions

This is a writ of error to the court of common pleas of San-dusky county. The plaintiff in error was indicted upon two counts; in the-first, ■for uttering and publishing a counterfeit bank bill; in the second, for an attempt to utter and publish said bill.

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This is a writ of error to the court of common pleas of San-dusky county. The plaintiff in error was indicted upon two counts; in the-first, ■for uttering and publishing a counterfeit bank bill; in the second, for an attempt to utter and publish said bill. The record shows that, at the September term, the prisoner was put upon his trial. 'The cause being submitted to the jury, they retired to their room and returned in the evening, after adjournment of court, with a sealed verdict, which was delivered to one of the associate judges, and the jury wore discharged. Upon opening the verdict in…

1Opinion of the CourtRead, J.

In both civil and criminal cases, the court may, in -their discretion, during the progress of a trial, permit the jury to •disperse for the purpose of obtaining food and rest, and may in *404either ease direct them to bring in a sealed verdict; but in no case can the jury after they have retired to consider of their verdict, be permitted to separate and disperse until they have agreed. In criminal cases, although the court direct the jury to bring in a. sealed verdict, the whole jury must be present at the time of its delivery, in the presence of the prisoner, that they may be polled, if the…

2Cases cited1 opinion

  1. United States v. KeenU.S. Circuit Court for the District of Indiana · 1839

3Cited by2 opinions

  1. Somers v. StateSouth Dakota Supreme Court · 1894
  2. Rippley v. FrazerNew York Supreme Court · 1910

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