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 proved, they may, except upon an indictment for libel, find a special verdict.

§ 7421. 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 territory," 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 ground of variance between the indictment and the proof, the verdict must be "not guilty by reason of variance between indictment and proof."

§ 7422. 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 the conclusions of fact must be so presented as that nothing remains to the court but to draw conclusions of law upon them.

§ 7423. 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.

§ 7424. The special verdict need not be in any particular form, but is sufficient if it presents intelligibly the facts found by the jury.

§ 7425. The special verdict may be brought to argument by either party, upon two days' notice to the other, at the same or another term of the court.

§ 7426. 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 the 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 conviction or acquittal, according as the facts prove or fail to prove the former conviction or acquittal.

§ 7427. If the jury do not, in a special verdict, pronounce affimativelyaffirmatively [sic] 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.

§ 7428. 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.

§ 7429. The jury may find the defendant guilty of any of­fense, the commission of which is necessarily included in that with which he is charged in the indictment, or of an attempt to commit the attempt.

§ 7430. On an indictment 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 rest may be tried by another jury.