State v. Fertig

One ground upon which it is claimed that the judgment should be reversed is founded upon alleged misconduct of the jury. It appears from the record that the court instructed the jury at about five o’clock in the afternoon, at which time the jury retired in charge of an officer to consider their verdict. After being in consultation for aboutthree hours a verdict of guilty was agreed upon and reduced *80to writing, and it was signed by the foreman, and delivered to the officer who had the jury in charge. Thereupon the jury separated, and each one of the jurors went his way. The jury was under the…