Massachusetts Supreme Judicial Court, 1888

Commonwealth v. Gagle

Commonwealth v. Gagle
Massachusetts Supreme Judicial Court · Decided November 8, 1888
147 Mass. 576; 18 N.E. 417; 1888 Mass. LEXIS 163

Commonwealth v. Gagle

Opinion of the Court

By the' Court.

Upon the facts of this case the Superior Court was not required, as matter of law, to set aside the verdict. It was within the discretion of that court to permit one of the jurors to remain in the jury-room under charge of an officer while the other jurors went for their supper. It was a temporary separation for a sufficient cause, which in no way prejudiced the rights of the defendant.

Exceptions overruled.

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