Commonwealth v. Lemley

Opinion by

Baldrige, P. J.,

The question presented in this appeal is whether in a criminal case the commonwealth has the right to have the jury polled after a sealed verdict has been offered in open court?

Raymond Lemley, the appellant herein, was charged with the crimes of (1) public indecency, and (2) assault and battery. The jury retired in the afternoon and about four hours thereafter handed to the attending tipstaff two sealed verdicts. The next morning when the court reconvened, according to a statement of Judge Egan who presided at the trial, the sealed verdicts finding the defendant “not…