#### State vs. Carstaphen.

TNDTCTMENT for perjury. On the trial, after part of tii<% -*■ evidence delivered, the Judge retired for a few minutes. — ». Two of the jurors also retired, without leave and without an of-, peer, and returned again.- — The jury found him guilty. And it xyas now moved that the verdict should be set aside and the defendant’s counsel cited Jacob L. D. verbo jury, who cites it from Tilley ; and also 2 H. H. P. C. 295.

Hall, Judge.-

If it shall appear upon the affidavits of the jurors, that they did not speak with any person in their absence, the verdict ought not tobe set aside.

And this afterwards appearing, the defendant’s counsel did, not further press his rootiozu.