Commonwealth v. Zierenberg

Opinion by

Baldrige, J.,

The appellant herein has been three times tried on an indictment charging fornication and bastardy. In each of the first two trials the jury disagreed and the third resulted in a conviction and sentence was imposed upon both charges. Notwithstanding these several trials, we find it necessary to sustain the appellant’s third assignment of error, which relates to the reception of the jury’s verdict under circumstances which we will outline.

The jury sealed their verdict at 11 p. m. on the night of November 16, 1937, and then separated. Upon reassembling on the morning of…