State v. Leunig

Osborn, G J.

The only question in this case is the correctness of the ruling of the court in discharging the appellee. Me was indicted for murder. After a plea of not guilty, a jury was impanelled and sworn to try the issue. The record then recites: “ and after hearing the evidence, the jury were placed in the custody of two bailiffs, duly sworn and instructed by the court to be by them kept and placed in one or more rooms for lodging, and not to be permitted to communicate with other parties, and return into court to-morrow morning at eight o’clock.” The record further shows that on the next…