Commonwealth v. Robinson

Dissenting Opinion by

Me. Justice Linn : 5

I dissent on two grounds: first, I cannot concur in the unwarranted assumption that the jury was not sworn; second, it is unimportant to the decision of this appeal whether the jury was sworn or not.

First. The majority opinion assumes that the jury was not sworn as to appellant, and then makes that assumption the ground for reversing the judgment. There is no affirmative evidence that the jury was not sworn; the fact appears to be assumed solely because the docket entries, certified from the docket kept in the main office of the clerk of the court of…