State v. Dipietro

The accused was tried before a jury upon an information charging embezzlement in five counts and, on February 7th, 1935, the jury reported that they had agreed upon a verdict. The clerk, in open court, polled the jury and each juror answered “present” as his name was called. The clerk then inquired: “Gentlemen of the jury, have you agreed upon a verdict?” The foreman: “We have.” Thereupon the clerk inquired, as to each of the counts in the information, “What have you to say of the prisoner at the bar, is he guilty or not guilty of the crime whereof he stands informed against . . .?” The…