State v. Kuenzli

The following opinion was filed April 5, 1932:

Wickhem, J.

The principal contention of the defendant is that the first verdict of the jury amounted to a verdict of acquittal, for the reason that the verdict negatived the felonious intent essential to sustain a conviction for embezzlement.

If the verdict as rendered is clearly one of “not guilty,” the court could not decline to receive it. State v. Arrington, 3 Murph. (7 N. C.) 571; State v. Ostrander, 30 Mo. 13; Goolsby v. State (Miss.) 35 South. 212; Register v. State, 10 Ga. App. 623, 74 S. E. 429. On the other hand, if the verdict is so…