Schultz v. State

Opinion by

Willson, J.

It appears from the record that the indictment was read to the jury on the trial, the defendant having entered a plea of not guilty thereto.

When the jury returned their verdict into court the indictment was missing. It was shown by the affidavits of the clerk of the court and of the prosecuting attorney, that when the jury retired to *642consider of their verdict, the indictment was handed by the clerk to the foreman of the jury. It was.on the other hand shown by the affidavits of the foreman and two other members of the jury, that the indictment was not before the jury when…