Page:Revised Codes of the State of North Dakota 1895.pdf/1471

Before Judgment. § 8232. Procedure when jury appear. When the jury appear, they must be asked, by the court or the clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same.

§ 8233. General or special verdict. Libel. 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 information or indictment for libel, find a special verdict.

§ 8234. Oral or in writing. Preparation. The verdict of the jury may be rendered orally or in writing as the jury may elect, unless the court, at the time the case is submitted to the jury, requires that it be rendered in writing. When the court so requires, the clerk of the court shall, under the direction of the court, provide blank verdicts of suitable form for any verdict the jury may return in the action and said blank verdicts shall be taken by the jury when it retires.

§ 8235. General verdicts. Contents. 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 information or indictment. Upon a plea of a former conviction or acquittal of the same offense, or once in jeopardy, it is either for the state," 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 information or indictment and the proof, the verdict must be "not guilty by reason of variance between the information (or indictment) and proof."

§ 8236. Special verdict to be written. 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.

§ 8237. 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 hy them before they are discharged.

§ 8238. Form of special verdict. The special verdict need not be in any particular form, but is sufficient if it presents intelligibly the facts found by the jury.

§ 8239. Argument of special verdict. 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.

§ 8240. Judgment upon 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 information or indictment, or of any other offense of which he could be convicted under the information or 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, or once in jeopardy, the court must give judgment of conviction or acquittal, according as the facts prove or fail to prove the plea.

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