State v. Freeman

Benham, Presiding Justice.

At appellant’s trial for murder, the jury first brought back a verdict of guilty of involuntary manslaughter, notwithstanding it had not been charged on that offense. The trial court, when the meaning of the verdict was pointed out prior to it being published, refused to accept that verdict and returned the jury for further deliberation. When the jury subsequently returned a verdict of guilty of voluntary manslaughter, the trial court received it and sentenced appellant thereon. The Court of Appeals reversed that judgment, holding that the first verdict of…