Page:United States Statutes at Large Volume 47 Part 1.djvu/916

 892 72d C ONGRESS. SESS. II. CH. 110 . FEBRUARY 21, 1933 . Judgment upon. " SEC. 202f. The court must give judgment upon the special verdict as follo ws a " 1. If the plea is not guilty, and the facts prove the defendant guilty of the offense charged in the information, or of any other offense of which he could be convicted under that information, judg- ment must be given accordingly. But if otherwise, judgment of c quittal 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 ." SEC. 66 . That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 202f, a new section numbered 202g, to read as follows : New trial to be or- " SEC. 202g. If the jury do not, in a special verdict, pronounce dered if defective. 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 satisfact ion, the court mus t order a new trial. " SEC . 67. That the Code of Criminal Procedure for the Canal Zone is here by ame nded b y inse rting therei n, foll owing sectio n 202g, a new section numbered 202h, to read as follows : Reconsideration by " SEC. 202h. When there is a verdict of conviction, in which it j Jury. 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 can not require the jury to reconsider it. If the ury render a verdict which is neither g eneral no r special, the cou rt may direct them to reconsider it, and it can not 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 ." SEC. 68 . That the Code of Criminal Procedure 'for the Canal Zone is here by ame nded b y inse rting therei n, foll owing sectio n 202h, a new section numbered 202i, to read as follows Judgment on infor- "SEC. 202i. If the jury persist in finding an informal verdict, j me] verdict. from which, however, it can be clearly understood that their inten- tion 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 udgm ent of acqui ttal. But no judgme nt of convic tion c an be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict ." SEc. 69 . That the Code of Criminal Procedure for the Canal Zone is hereby amended by insert ing there in, follo wing sect ion 202i, a new section numbered 202j, to read as follows : Polling of jury. "SEC. 202j. When a verdict is rendered, and before it is recorded, th e jury ma y be poll ed, at th e request of eith er party, in which case th ey must b e several ly asked whether i t is the ir verdic t, and if any- one answer in the negative, the jury must be sent out for further deliberation ." SEC . 70 . That the Code of Criminal Procedure for the Canal Zone is hereby a mended by insertin g therein, follow ing secti on 202j, a new section numbered 202k, to read as follows : Recording verdict . " SEC. 202k. When the verdict given is such as the court may receive, the clerk must immediately record it in full upon the minutes, read it t o the jur y, and in quire of them whet her it is their verdict. If any juror disagree, the fact must be entered upon the minutes and the jury again sent out ; but if no disagreement is