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§ 432. Final adjournment discharges jury.-A final adjournment of the court discharges the jury, but any term of a court may be continued for the purpose of finishing a trial or receiving a verdict.

CHAPTER III.

THE VERDICT.

SEC. 433. When the jury have agreed, to be brought into court

and their names called. If all do pot appear, jury

to be discharged and cause again tried. 434. In felony, defendant must be present. In misde

meanor, verdict may be rendered in his absence. 435. Manner of taking the verdict. 436. Verdict may be general or special. 437. General verdict. 438. Special verdict. 439, 440. Special verdict, how rer.dered. 441, Special verdict, how brought to argument. 442. Judgment thereon. 443. When special verdict defective, new trial to be or.

dered. 444. Upon indictment for crime consisting of different de

grees, jury may convict of any degree, or of any

attempt to commit the crime. 445. In other cases, jury may convict of any offense neces

sarily included in that charge. 446. On indictment against several, jury may render a

verdict as lo some, and the cause de again tried as

to the others. 447, 448. In what cases court may direct a reconsideration

of the verdict. 449. When judgment may be given upon an informal ver

dict. 450. Polling the jury. 451. Recording the verdict. 452. Defendant, when to be discharged or detained after

acquittal. 453. Proceedings upon general verdict of conviction, or a

special verdict. 454. When defendant acquitted on the ground of insanity,

the fact to be stated with the verdict. Commitment of defendant to state lunatic asylum.

$ 433. Jury after agreement -When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that event, the cause may be again tried, at the same or another term.

§ 434. When defendant must be present.-If the indictment be for a felony, the defendant must, before the verdict is received, appear in person. If it be for a misdemeanor, the verdict may be rendered in his ab

sence.

§ 435. Manner of taking the verdict. -- If the jury appear, they must be asked by the court or the clerk, whether they have agreed upon their verdict; and if the foreman answer in the affirmative, they must, on being required, declare the same.

Verdict cannot be received in absence of justices. Hinman v. Peo., 13 Iun, 266.

§ 436. Verdict may be general or special.- The jury may either render a general verdict, or when they are in doubt as to the legal effect of the facts proved, they may, except upon an indictment for libel, find á special verdict

Under general verdict of guilty, sentence for the highest offense charged in indictment is proper. Hawker v. Peo., 75 N. Y., 437. See Peo. v. Bork, 1 N. Y. Cr., 393. Special verdict. Miller v. Peo., 25 Hun, 473.

$ 437. 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."

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§ 438 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 from them conclusions of law.

13 W. Dig., 260 ; Miller v. Peo., 25 Hun, 473. § 439. Id.; 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.

§ 440. Id.; form.- The special verdict need not be in any particular form, but is sufficient, if it present intel-. ligibly the facts found by the jury.

9441. Id.; how brought to argument. The special verdict

may be brought to argument by either party, upon five days' notice to the other, at the same or another term of the court; and upon the hearing thereof, the counsel for the defendant may conclude the argument.

§ 442. Judgment thereon. The court must give judgment upon the special verdict, as follows:

1. If the plea be 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, as provided in sections 444 and 445, judgment must be given accordingly ; but if otherwise, judgment of acquittal must be given;

2. If the plea be a former conviction or acquittal of the same offense, the court must give judgment of conviction or acquittal, according as the facts prove or fail to prove the former conviction or acquittal.

§ 443. Defective special verdict. 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.

§ 444. Conviction for any lower degree, or of an attempt. -Upon an indictment for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the crime.

Petit larceny on indictment for grand. Peo. v. McTameny, 17 W. D., 492.

§ 445. Offenses necessarily included.—In all other cases, the defendant may be found guilty of any crime, the commission of which is necessarily included in that with which he is charged in the indictment.

See Peo. v. Jackson, 3 Hill, 92.

§ 446. On Joint trial, jury may render a verdict as to some.-On an indictment against one or more, 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 rest, may be tried by another jury.

§ 447. When court may direct 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.

§ 448. Id.-If the jury render a verdict which is neither a general nor a special verdict, as defined in sections 437 and 438, the court may, with proper instructions as to the law, direct them to reconsider it; and it cannot be recorded, until it be rendered in some form, from which it can be clearly understood what is the intent of the jury, whether to render a general verdict, or to find the facts specially, and leave the judgment to the court.

§ 449. Judgment upon an 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 judgment of acquittal. But nc judgment of conviction can be given, unless the jury expressly find against the defendant, upon the issue, or judgment be given against him on a special verdict.

$ 450. Polling the jury.- When a verdict is rendered, and before it is recorded, the jury may be polled, on the requirement of either party; in which case, they must be severally asked whether it is their verdict; and if any one answer in the negative, the jury must be sent out for further deliberation.

$ 451. Recording the verdict.— When the verdict is given, and is such as the court may receive, the clerk must immediately record it in full upon the minutes, and must read it to the jury and inquire of them whether it is their verdict. If any juror disagee, the fact must be entered upon the minutes, and the jury again sent out; but if no disagreement be expressed, the verdict is complete, and the jury must be discharged from the

case.

$ 452. Discharge or detention after acquittal.- If judgment of acquittal be given on a general verdict, and the defendant be not detained for any other legal cause, he must be discharged as soon as the judgment is given; except that when the acquittal is for a variance between the proof and the indictment, which may be obviated by a new indictment, the court may order his detention, to the end that a new indictment may be preferred, in the same manner and with the like effect as provided in sections 408 and 409.

453. Proceedings upon verdict. If a general verdict be rendered against the defendant, or a special verdict be given, he must be remanded, iť in custody, or if on bail, he may be committed to the proper officer of the county, to await the judgment of the court upon the verdict. When committed, his bail is exonerated, or if money be deposited instead of bail, it must be refunded to the defendant.

$ 454. Acquittal on the ground of insanity.- When the defense is insanity of the defendant the jury must be instructed, if they acquit him on that ground, to state

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