People v. Von Moltke

The principal question raised by appellant in this matter is that the jury was allowed to separate, after they had been partially instructed by the trial judge. The record discloses the fact that, after the arguments in the case had been concluded, and the' judge had started to instruct the jury and had given several instructions, the matter was continued, with the usual admonition, until the next day; that on the next day the trial judge proceeded to complete his instructions to the jury, and the matter was then submitted to the jury for decision.

The appellant evidently contends that the matter was submitted to the jury upon the completion of the arguments of counsel, or at least when the trial judge started to instruct the jury as to the law. This is not the fact. A ease is not submitted to the jury for decision until a judge has completed his instructions. The jury is not entitled to discuss the matter with anyone, not even among themselves, until after the instructions have been given them in full. It is a matter within the discretion of the trial judge as to whether or not the jury shall separate until the submission of the case to the jury for its decision. It is…