People v. Marks

Carter, C. J., Hand and Vickers,

JJ., dissenting:

We do not concur in the conclusion reached in the foregoing opinion. The argument that the jury would understand from the fact that one form of verdict was marked “give” on its margin by the judge that he was instructing them thereby to find the plaintiff in error guilty seems without force. Under sections 72 and 73 of the Practice act the court can only instruct the jury as to the law of the case, and such instructions must be in writing. Under section 77 of said act it is sufficient for the jury to pronounce its verdict in open court without…