Hill v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for OlarJc County. Sill was indicted, tried, convicted and sentenced in said court for larceny of several U. S. treasury notes, a motion to set aside the verdict and for a new trial having been denied. ■ The grounds of'the motion were, “1. That the verdict was rendered in said action and returned into court, and received and read by the court, and filed with the clerk, in the absence of the prisoner. 2. That the court erred in its charge to the…
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ERROR to the Circuit Court for OlarJc County. Sill was indicted, tried, convicted and sentenced in said court for larceny of several U. S. treasury notes, a motion to set aside the verdict and for a new trial having been denied. ■ The grounds of'the motion were, “1. That the verdict was rendered in said action and returned into court, and received and read by the court, and filed with the clerk, in the absence of the prisoner. 2. That the court erred in its charge to the jury in not only stating the evidence but also stating the effect thereof, and not leaving its weight to be determined by…
1Opinion of the Court
By the Court,
PAINE, J.
When the j ury came in with their verdict, the prisoner was in court. The jury were .asked if they had agreed, and replied in the affirmative, but that their verdict had not been reduced to writing. They were directed by the judge to retire, and bring in a written verdict, which they did. When they returned, however, though the prisoner’s counsel was present and had the jury polled, still he himself was out of the room, and did not return until the verdict had been received and the j ury discharged. Where he was, or what was the occasion or manner of his leaving the…
2Cases cited2 opinions
- McCorkle v. StateIndiana Supreme Court · 1860
- People v. PerkinsNew York Supreme Court · 1828
3Cited by31 opinions
- Hack v. StateWisconsin Supreme Court · 1910
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- State v. HopeSupreme Court of Missouri · 1889
- Falk v. United StatesCourt of Appeals for the D.C. Circuit · 1899
- Cupps v. StateWisconsin Supreme Court · 1904
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