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109 Miss. 79

Martin v. State

Mississippi Supreme Court

Decided March 15, 1915

Mississippi Supreme Court · decided 1915-03-15

Hon. L. M. Burgh, Special Judge. Earl Martin was convicted of burglary and appeals. The facts are fully stated in the opinion of the court. The court erred in turning the case over to the jury on Saturday evening with instruction to return their verdict to the clerk, and I call especial attention to the action of the court on the next Monday morning.

Decided 1915-03-15

Smith, C. J.,

¶1delivered the opinion of the court.

¶2This is an appeal from a conviction of burglary. We find no reversible error in the record, and deem it necessary to notice specifically only one of the matters complained of.

¶3The trial was concluded Saturday afternoon; and when the case was given in charge to the jury, they were instructed by the court, counsel both for the state and defendant agreeing thereto, that in event they reached a verdict they might deliver it to the clerk in *82a sealed envelope, and then disperse until Monday morning. The court thereopon adjourned until Monday morning. A verdict of guilty was arrived at by the jury about five o’clock Saturday afternoon, handed to the clerk in a sealed envelope, and they thereupon dispersed. When the court reconvened Monday morning, all the jurors were present; and, upon the jury’s being polled each of them, “severally and upon their oath,” stated that the sealed envelope delivered by them to the clerk contained 'the verdict at which each of them had arrived before their separation, each answering separately that it was his verdict. The court thereupon received and entered the verdict, and committed no error in so doing. Friar v. State, 3 How. 422.

¶4Affirmed.

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