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19 Ind. 126

Tuhe v. Eber

Indiana Supreme Court

Decided November 15, 1862

Indiana Supreme Court · decided 1862-11-15

<p>It is error for the judge to receive a verdict out of Court, and discharge the jury, without the consent of the parties.</p>

Relies on Rosser v. McColly

Decided 1862-11-15

Per Curiam.

¶1In this case the verdict was received by the judge out of Court, and the jury discharged, without the consent of the parties, so that there was no opportunity to poll the jury. This was error. Rosser v. McCally, 9 Ind. 587. Wright v. The State, 11 Id. 569.

¶2The judgment is reversed, with costs, and the cause remanded, etc.

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