State v. Meyers

1. eleven jurors,

In 1876 the defendant was indicted in the Jasper circuit court under the 85th section of article 2, chapter 42, "Wag. Stat., for embezzling certain United States bonds, charged to have been received by him as agent of oné Zumbro. On the application of the defendant a change of venue was awarded to Newton county, and at the February term, 1878, of the circuit court of that county, he was tried and convicted. It appears from the record that only eleven jurors were present when the verdict of the jury was received by the court. This is a fatal defect, and the judgment must,…