State v. Engle (13 Ohio 490, 1844)

Birchard, J.

The record shows that the jury were directed to seal up their verdict, after agreeing to it, by the presiding-judge, while all the members and officers of the court were ^present. True proclamation of adjournment had been made, but the instruction was immediately given. It was simultaneous with the act of adjournment, and may be regarded, as it. was intended to be, the act of the court. In Sergeant v. The State, 11 Ohio, 473, it is stated that, in a criminal caso, a sealed verdict. may be directed, but that the whole jury must be present when it. is delivered, in the presence of the prisoner, that they may be-> ¡polled if he desires it. In that case the point that is pressed to sustain this motion was not controverted by counsel; but it does not follow that the rule of law was incorrectly stated. In practice, it is often found necessary to the comfort of jurors, as well as convenient to the public, to commit, in matters of form, much to the sound discretion of the court. In the case at bar, the customs of the country and the religious feelings of community required the adjournment of the court over the Sabbath, unless there were good reasons why it should be kept open, and scruples -of conscience or public opinion disregarded. Cases may occur where public excitement runs so high as to create just cause to fear that improper influences may be brought to bear upon jurors if allowed to separate, and to justify a court in keeping them in confinement till the delivery of their verdict, or to justify the court in convening upon the Lord’s day to receive it and discharge them; but those cases are too seldom to warrant the refusal of .any discretion to the courts of criminal jurisdiction. Nor, in our day, is there any necessity of adhering with tenacity to all the dicta of ancient times. Many of the notions in vogue centuries ago, have yielded to better reason, founded upon more enlightened views and greater experience. In the infancy