Commonwealth v. Gagle
147 Mass. 576
Mass.
1888
Check Treatment
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.