Wynn v. State
Indiana Supreme Court
ERROR to the Harrison Circuit Court. — Indictment for a riot against 16 persons. Plea, not guilty. The jury in their verdici, without finding whether the defendants, or any of them, were guilty or not, merely say, “We of the jury fine John Gibson, John Miles, (naming 8 of them,) 10 dollars each.” A motion in arrest of judgment was made and overruled, and judgment rendered upon the verdict.
1Opinion of the CourtHolman, J.
The objection made to the finding of the juryj *29in arrest of judgment, is conclusive. The verdict is insufficient to authorize a judgment. It does not find the. defendants guilty. The fining of the defendants, as the jury have expressed themselves, or the finding the amount of the fine as. authorized by the act of assembly, is not finding the defendants guilty.. And. it must be found expressly, and not by intendment, that the defendants are guilty. 7 Bac. Abr. 37. It is a correct position, that finding of but a part of the issue, is insufficient. Co. Litt.. 227, a. 7 Bac. Abr. 7, 18, 20, 23.…
2Cited by3 opinions
- State v. TurnerSupreme Court of Iowa · 1865
- Norfolk City v. CookeSupreme Court of Virginia · 1876
- State v. HameySupreme Court of Missouri · 1902