VERDICT. The decision made by a jury and reported to the court on the matters law fully submitted to them in the course of a trial of a cause.
A general verdict is one by which the jury pronounce at the same time on the facts and the law, either in favor of the plaintiff or defendant. Co. Litt. 228; 4 Bla. Com. 461.
A general verdict is a finding by the jury in the terms of the issue referred to them. Settle v. Alison, 8 Ga. 208, 52 Am. Dec. 393 ; Tidd, Pr. 798.
A general verdict must be regarded as affirming the truth of every fact necessary to support the general conclusion arrived at, and every reasonable presumption arises in its favor, while nothing will be presumed in aid of the special 'findings as against the general verdict; Chicago & E. I. R. Co. v. Hedges, 118 Ind. 5, 20 N. E. 530. If there is any reasonable hypothesis whereby a general verdict and the special finding can be recon ciled, judgment must follow the general ver dict; Grand Rapids & I. R. Co. v. Ellison, 117 Ind. 234, 20 N. E. 135 ; and a general verdict on an indictment is sufficient if supported by any one of the counts ; State v. Dalton, 101 N. C. 680, 8 S. E. 154 ; May v. State, 85 Ala. 14, 5 South. 14 ; Babcock v. U. S., 34 Fed. 873.
The jury may find such a verdict when ever 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.
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. The jury, however, are allowed in some states, in certain cases, to seal their verdict and return it into court, as, for example, where a verdict is agreed upon during the ad journment of the court for the day. When this is done in criminal cases it is usually the right of the defendant to have the jury present in court when the verdict is opened ; Doyle v. U. S., 10 Fed. 269. See PRESENCE; SEALING A VERDICT.
A private verdict must afterwards be given publicly in order to give it any effect.
A public verdict is one delivered in open court.
A special verdict is one by which the facts are found, and the law is submitted to the judges. Brown v. Ralston, 4 Rand. (Va.)
504; Bellows v. Bank, 2 Mason, 31, Fed. Cas.
No. 1,279. The jury may find a special ver dict in criminal cases, but they are not obliged in any case to do so; Cooley, Const. Lim. 393. The special verdict or findings of a jury in order to sustain a judgment, must pass upon all the material issues made in the pleadings so to enable the court to say upon the pleadings and verdict, without looking at the evidence, which party is en titled to judgment; Lane v. Lenfest, 40 Minn. 375, 42 N. W. 84 ; Ward v. Cochran, 150 U. S. 597, 14 Sup. Ct. 230, 37 L. Ed. 1195. A special verdict need only find such facts as are alleged in the pleadings upon one side and denied upon the other ; Cole v. Crawford, 69 Tex. 124, 5 S. W. 646.
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 ig norant, 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 Droved for the plaintiff, they find for the plaintiff according ly, and assess the damages at such a sum, etc.; but if the court are of an opposite opin ion, they find for defendant. This form of finding is called a special verdict. In prac tice 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 under the correc tion of the judge, by the counsel on either side, according to the state of the facts as found by the jury, with respect to all par ticulars on which they haye delivered an opinion, and, with respect to other particu lars, 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 bane; 3 Bla. Com. 377.