Lester v. Stanley

AFTER this case had been committed to the jury, . . . . .' , , and they were about to retire, Livingston, j. remarked, that he understood it had sometimes been the practice with juries in this state to separate while they had a J J case under consideration. The rule of the common law requires them to be kept together until they have agreed on a verdict; and on looking at the statute, we do not perceive that that varies it. The statute, indeed, appears to have been made in affirmance of the common law. The words are explicit: “ And when the court have committed any case to the consideration of…