State v. Atkinson

Citations

• 104 La. 570

Syllabus

<p>Syllabus.</p> <p>There was no impropriety in receiving tire verdict of tlie jury when they were ready to present it on the morning of Thanksgiving day, as it had not been possible for them to deliberate on the case and find a verdict in the short time they had before the adjournment of the court the day previous.</p> <p>The judge, with the other officers of the court, met the jury, received the verdict, and adjourned the court to the next day. These were lawful acts which did not prejudice the defendant.</p> <p>As relates to the absence of his counsel, the polling of the jury (not ordered on that account, as averred,) is not cause to set aside the proceedings. The court must presume that the finding was, as it appears of record, that of the whole jury. No motion was made to poll the jury, whether owing to the absence of the counsel or not can, under the circumstances, be of no consequence. The failure of the defendant to avail himself of the right cannot present a ground upon which he can obtain relief.</p> <p>The judge, in the presence of the accused and his counsel, had notified the jurv that he would return and open court and receive their verdict if they found the verdict on a dies non. - By the notice, the defendant was left without cause to complain.</p>