Gambar halaman
PDF
ePub

§ 1148. Appearance of defendant. If charged with a felony, the defendant must, before the verdict is received, appear in person. If for a misdemeanor, the verdict may be rendered in his absence. En. February 14, 1872. Am’d. 1880, 24.

Cal. Rep. Cit. 49, 42; 57, 352; 59, 358; 70, 472; 118, 449.

Crim. Prac. Act, sec. 415. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 33, 100; 42, 168.
Judgment in defendant's presence: See post, sec. 1193.

§ 1149. Manner of taking verdict. When the jury appear, they must be asked by the court, or clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the

En. February 14, 1872. Cal. Rep. Cit. 62, 519; 94, 119.

Crim. Prac. Act, sec. 416. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

same.

§ 1150. Verdict may be general or special.

The jury may render a general verdict, or, when they are in doubt as to the legal effect of the facts proved, they may, except upon a trial for libel, find a special verdict. En. February 14, 1872. Am’d. 1880, 24.

Crim. Prac. Act, sec. 417. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

.

[ocr errors]

§ 1151. General verdict. A general verdict upon a plea of not guilty is either “guilty” or “not guilty,'' which imports a conviction or acquittal of the offense charged in the indictment. Upon a plea of a former conviction or acquittal of the same offense, it is either “for the people” or for the defendant.When the defendant is acquitted on the ground that he was insane at the time of the commission of the act charged, the verdict must be “not guilty by reason of insanity.When the defendant is acquitted on the

6

ground of variance between the indictment and the proof, the verdict must be “not guilty by reason of variance between indictment and proof.En. February 14, 1872. Am’d. 1873-4, 446. Cal. Rep. Cit. 51, 279; 65, 446; 68, 181; 73, 346; 84, 473;

87, 283; 134, 308. Crim. Prac. Act, sec. 418. En. April 20, 1850. Rep. 1851, 190. En. 1851, 212.

Cal. Rep. Cit. 31, 453; 31, 454.

[ocr errors]

§ 1152. Special verdict. A special verdict is that by which the jury find the facts only, leaving the judgment to the court. It must present the conclusions of fact as established by the evidence, and not the evidence to prove them, and these conclusions of fact must be so presented as that nothing remains to the court but to draw conclusions of law

En. February 14, 1872. Crim. Prac. Act, sec. 419. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 31, 453; 31, 454.

upon them.

§ 1153. Special verdict, how rendered. The special verdict must be reduced to writing by the jury, or in their presence entered upon the minutes of the court, read to the jury and agreed to by them, before they are discharged. En. February 14, 1872.

Crim. Prac. Act, sec. 420. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1154. Form of special verdict. The special verdict need not be in any particular form, but is sufficient if it present intelligibly the facts found by the jury. En. February 14, 1872.

Crim. Prac. Act, sec. 421. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1155. Judgment on special verdict. The court must give judgment upon the special verdict as follows:

1. If the plea is not guilty, and the facts prove the defendant guilty of the offense charged in the indictment, or of any other offense of which he could be convicted under that indictment, judgment must be given accordingly. But if otherwise, judgment of acquittal must be given.

2. If the plea is a former conviction or acquittal of the same offense, the court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal. En. February 14, 1872.

Cal. Rep. Cit. 93, 568.

Crim. Prac Act, sec. 422. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 31, 454.
See ante, sec. 1016, subd. 3.

§ 1156.

When special verdict defective, new trial to be ordered. If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find the evidence of facts merely, and not the conclusions of fact, from the evidence, as established to their satisfaction, the court must order a new trial. En. February 14, 1872.

Crim. Prac. Act, sec. 423. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 31, 454.
New trial: See post, sec. 1181.

f 1157. Jury to find degree of crime. Whenever a crime is distinguished into degrees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty. En. Febuary 14, 1872. Cal. Rep. Cit. 49, 179; 52, 454; 53, 627; 59, 384; 60, 110;

65, 538; 67, 351; 68, 180; 73, 581; 81, 618; 94, 386; 134, 308; 135, 62.

§ 1158. Jury may find upon charge of previous conviction. Whenever the fact of a previous conviction of another offense

6

is charged in an indictment or information, the jury, if they find a verdict of guilty of the offense with which he is charged, must also, unless the answer of the defendant admits the charge, find whether or not he has suffered such previous conviction. The verdict of the jury upon a charge of previous conviction may be: “We find the charge of previous conviction true,” or, “We find the charge of previous conviction not true," as they find that the defendant has or has not suffered such conviction. En. February 14, 1872. Am’d. 1873-4, 446; 1880, 24. Cal. Rep. Cit. 49, 395; 57, 560; 57, 572; 64, 155; 64, 340;

64, 403; 65, 297; 65, 398; 73, 445; 73, 446; 73, 447; 73, 450; 73, 451; 73, 452; 73, 549; 73, 550; 109, 297; 110,

42; 118, 389; 118, 390; 145, 610; 145, 611. See ante, sec. 1155.

§ 1159. Jury may convict of lesser offense, or of at. tempt. The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged, or of an attempt to commit the offense. En. February 14, 1872. Am’d. 1880, 24. Cal. Rep. Cit. 53, 59; 56, 80; 59, 364; 65, 475; 76, 58;

91, 272; 93, 659; 99, 229; 100, 153; 100, 154; 100, 158; 105, 672; 115, 305; 135, 62; 135, 270; 136, 524; 137, 197; 138, 484; 143, 13; 143, 14; 143, 149; 143,

435; 144, 47. Crim. Prac. Act, sec. 424. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 5, 134; 29, 628; 31, 454.
Lesser offense: See ante, sec. 1155.

f 1160. Verdict as to some defendants, new trial as to others. On an indictment or information against several, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the

case

as to the others may be tried by another jury. En. February 14, 1872. Am’d. 1880, 25.

Cal. Rep. Cit. 67, 413.

Crim. Prac. Act, sec. 425. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1161. Court may airect a reconsideration of the verdict. When there is a verdict of conviction, in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion, and direct the jury to reconsider their verdict, and if, after the reconsideration, they return the same verdict, it must be entered; but when there is a verdict of acquittal, the court cannot require the jury to reconsider it. If the jury render a verdict which is neither general nor special, the court may direct them to reconsider it, and it cannot be recorded until it is rendered in some form from which it can be clearly understood that the intent of the jury is either to render a general verdict or to find the facts specially and to leave the judgment to the court.

En. February 14, 1872.
Cal. Rep. Cit. 48, 559; 68, 180; 68, 181; 118, 448.

Crim. Prac. Act, sec. 426. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Crim. Prac. Act, sec. 427. . En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 31, 454.

§ 1162. When judgment may be given on informal verdict. If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgmeut of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict. En. February 14, 1872.

Cal. Rep. Cit. 68, 180; 135, 62; 135, 63.

« SebelumnyaLanjutkan »