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4 Yeates 441

Duane v. Simmons

Supreme Court of Pennsylvania

Decided December 15, 1807

Supreme Court of Pennsylvania · decided 1807-12-15

This cause was tried at the last sittings in July 1806, upon a collateral issue of the same kind, and for the same cause of action, *as the one herein before stated.

Decided 1807-12-15

¶1It was submitted to the court without argument, whether this finding was sufficient or not.

¶2■ The court, in the absence of the chief justice, declared their opinion, that the issue was substantially found una voce. All the jurors assented to the verdict, when they appeared in court; and the suggestions of the three jurors concerning the defendant’s guilt, is at most but surplusage.

¶3Judgment for the defendant.

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