Page:United States Statutes at Large Volume 76A.djvu/617

–521– -521or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of the marshal, to the place, which shall be shown to them by a person appointed by the court for that purpose. The marshal shall be sworn to suffer no person to speak or communicate with the jury, nor to do so himself, on any subject connected with the trial, and to return them into court without unnecessary delay or at a specified time. § 4154. Forms of verdict The 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. Upon a defense of a former conviction or acquittal of the same offense or a defense of once in jeopardy, the verdict is either "for the Government" 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 shall be "not guilty by reason of insanity." § 4155. Finding degree of crime (a) When a crime is distinguished into degrees, a verdict of conviction shall find the degree of the crime of which the defendant is guilty. (b) When a crime is distinguished into degrees, upon a plea of guilty, or upon a trial without a jury, the district court or magistrate's court shall determine the degree before passing sentence. § 4156. Conviction of included offense or attempt The jury, the district court in a case tried without a jury, or the magistrate's court, may find the defendant guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or of an offense necessarily included therein if the attempt is an offense. § 4157. Several defendants; conviction or acquittal of some Upon a prosecution against several defendants any one or more may be convicted or acquitted. § 4158. Several defendants; several offenses; verdict (a) Kule 31 (b) of the Federal Rules of Criminal Procedure applies to verdicts if there are two or more defendants. (b) If two or more offenses are charged in separate counts in the same information, or in two or more informations tried together, the jury at any time during its deliberations may return a verdict or verdicts with respect to a count or counts as to which it has agreed; if the jury cannot agree with respect to all, the count or counts as to which it does not agree may be tried again. § 4159. Reconsideration of verdict When there is a verdict of conviction, in which it appears to the court that the jury has mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider its verdict. After the reconsideration, if the jury returns the same verdict, it shall be entered. When there is a verdict of acquittal, the court may not require the jury to reconsider it. § 4160. Judgment upon informal verdict If the jury persists in finding an informal verdict, from which, however, it can be clearly understood that the jury's intention is to find in favor of the defendant upon the issue, the verdict shall be entered in the terms in which it is found, and the court shall give judgment of acquittal. A judgment of conviction may not be given unless the jury finds against the defendant upon the issue.

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