People v. Perkins

By the Court,

We are of opinion that the verdict was irregular. The prisoner was indicted, and tried for an offence, formerly called capital. And though many of the ancient forms on trials are now dispensed with, the prisoner should have been present on receiving the verdict, so that he might have availed himself of the right of polling the jury. We advise that the verdict be set aside, and that there be a new trial.