VERDICT - The formal decision issued
by a jury on the issues of fact that were presented at
trial. The unanimous decision made by a jury and reported
to the court on the matters lawfully submitted to them
in the course of the trial of a cause.
Verdicts are of several kinds, namely, privy and public,
general, partial, and special.
A privy verdict is one delivered privily to a judge
out of court. A verdict of this kind is delivered to
the judge after the jury have agreed, for the convenience
of the jury, who after having given it, separate. This
verdict is of no force whatever; and this practice being
exceedingly liable to abuse, is seldom if ever allowed
in the United States.
A public verdict is one delivered in open court. This
verdict has its full effect, and unless set aside is
conclusive on the facts, and when judgment is rendered
upon it, bars all future controversy in personal actions.
A private verdict must afterwards be given publicly
in order to give it any effect.
A general verdict is one by which the jury pronounce
at the same time on the fact and the law, either in
favor of the plaintiff or defendant. The jury may find
such a verdict whenever they think fit to do so.
A partial verdict in a criminal case is one by which
the jury acquit the defendant of a part of the accusation
against him, and find him guilty of the residue: the
following are examples of this kind of a verdict, namely:
when they acquit the defendant on one count and find
him guilty on another, which is indeed a species of
general verdict, as he is generally acquitted on one
charge, and generally convicted on another; when the
charge is of an offence of a higher, and includes one
of an inferior degree, the jury may convict of the less
atrocious by finding a partial verdict. Thus, upon an
indictment for burglary, the defendant may be convicted
of larceny, and acquitted of the nocturnal entry; upon
an indictment for murder, he may be convicted of manslaugh-ter;
robbery may be softened to simple larceny; a battery,
into a common assault.
A special verdict is one by which the facts of the
case are put on the record, and the law is submitted
to the judges. The jury have an option, instead of finding
the negative or affirmative of the issue, as in a general
verdict, to find all the facts of the case as disclosed
by the evidence before them, and, after so setting them
forth, to conclude to the following effect: "that
they are ignorant, in point of law, on which side they
ought upon those facts to find the issue; that if upon
the whole matter the court shall be of opinion that
the issue is proved for the plaintiff, they find for
the plaintiff accordingly, and assess the damages at
such a sum, etc.; but if the court are of an opposite
opinion, then they find vice versa." This form
of finding is called a special verdict. In practice
they have nothing to do with the formal preparation
of the special verdict. When it is agreed that a verdict
of that kind is to be given, the jury merely declare
their opinion as to any fact remaining in doubt, and
then the verdict is adjusted without their further interference.
It is settled, uncler the correction of the judge, by
the counsel and, attorneys on either, side, according
to the state of the facts as found by the jury, with
respect to all particulars on which they have delivered
an opinion, and, with respect to other particulars,
according to the state of facts, which it is agreed,
that they ought to find upon the evidence before them.
The special verdict, when its form is thus settled is,
together with the whole proceedings on the trial, then
entered on record; and the question of law, arising
on the facts found, is argued before the court in bank,
and decided by that court as in case of a demurrer.
If either party be dissatisfied with their decision,
he may afterwards resort to a court of error.
There is another method of finding a special verdict
this is when the jury find a verdict generally for the
plaintiff, but subject nevertheless to the opinion of
the judges or the court above on a special case stated
by the counsel on both sides with regard to a matter
of law.
