State v. Delzoppo

A verdict of guilty and sentence on a charge of grand larceny is the subject of this appeal on questions of law. The several assignments of error have had consideration by the court and are found not sustained, except the sixth which charges the court with “irregular practice in giving instructions to the jury outside of the courtroom and in the absence of the defendant.”

After the jury had deliberated for some time, the foreman, through the bailiff, reported to the court in writing that the jury was deadlocked, eleven to one. The jury was taken into court and after some discussion between the…