Maltbie v. State

Stolz, Judge.

The defendant appeals her conviction of cruelty to children. The factual situation developed by the evidence at the defendant’s lengthy trial does not control the resolution of this case on appeal. Suffice it to say that, under the evidence, the jury was authorized to acquit or convict.

1. The trial judge concluded his charge to the jury at lunchtime. Prior to the jury’s being taken to lunch, they were instructed not to discuss the case among themselves or permit anyone to discuss the case with them. The jury commenced deliberations upon its return from the noon meal and did so…