Kelly v. Douglas

Appellee and one Boss Payne were tried in the county court upon a joint charge against them for a misdemean- or. The defendants each entered a plea of not guilty and were thereupon jointly put to trial before a jury. Upon the completion of the testimony and the arguments, and having received the instructions of the court, the jury presently returned into open court the following verdict: “We the jury find the defendant guilty as charged.” Observing that the verdict was in the singular, when two defendants had been jointly tried, appellee moved in the county court in arrest of judgment, which…