Hommer v. State

The question in this case is a narrow one and arises upon a motion to strike out a judgment on an indictment for murder. The prisoner was tried before a jury in the Circuit Court for Allegany County, found guilty of murder in the first degree and sentenceed to be hanged. The motion was overruled and hence this appeal.

*563Briefly stated, the ground for the motion is, that the verdict of the jury was taken in the absence of the prisoner’s counsel from the court-room, whereby it is claimed that the prisoner was deprived of the right to a poll of the jury. It is conceded that the trial was regular in…