Commonwealth v. Germond

ACKER, J.,

Defendant was found guilty by a jury of pool selling and book making. He has moved for a new trial and in arrest of judgment in a joint motion setting forth the same grounds in each. Although seven reasons were assigned in the joint motion, defendant now presses the sole issue that the court erred in calling the jury in for additional instructions when informed that they were a hung jury. The time element of importance is as follows: The jury was sworn on Thursday, March 16, 1972, at 2:14 p.m. The charge was completed and the *660tipstaffs were sworn at 11:54 a.m. the following day,…