Chance v. Scarbrough

GRAY, J.,

dissented.

I respectfully dissent from the majority holding.

The exact question here presented does not appear to have been before the appellate courts of this State however the right to have the jury polled has been decided in the cases later noticed.

The trial court’s qualification of the bill of exceptions points out the fact that appellants’ request that the jury be polled was made after his formal announcement to the jury that it was discharged from further service. Neither the statute nor the rule provide that the request must be made before the announcement that the jury is…