McRae v. State
Supreme Court of Arkansas
APPEAL from White Circuit Court. M. T. Sanders, Judge. The court had no right to refuse to receive the verdict, if in form. It acquitted the prisoner of the higher offense. 2 Johnson Rep., 182. As to when the court may refuse to receive the verdict, and for what cause, see Whart. Cr. Law, yth ed., sec. 3198; 19 Cal., 426; 2 Ala., 145; 13 Miss., 295; 11 Iredell, 153; 3 Bisk. Cr. Pro., sec. 1004; 20 Cent.
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APPEAL from White Circuit Court. M. T. Sanders, Judge. The court had no right to refuse to receive the verdict, if in form. It acquitted the prisoner of the higher offense. 2 Johnson Rep., 182. As to when the court may refuse to receive the verdict, and for what cause, see Whart. Cr. Law, yth ed., sec. 3198; 19 Cal., 426; 2 Ala., 145; 13 Miss., 295; 11 Iredell, 153; 3 Bisk. Cr. Pro., sec. 1004; 20 Cent. Law Journ., 149. Under these decisions the court should receive and record the verdict, if responsive to the issue and in form. The.court had absolute control of the jury and their verdict…
1Opinion of the CourtSmith, J.
CR IM INAL Practice: Refusal to receive verdict. McRae was tried upon an indictment for grand larceny, and the jury offered to return a verdict of guilty of petit larceny. The testimony showed that the offense had been committed more than twelve months before the finding of the indictment, and the court, conceiving that the jury did not understand that their verdict was equivalent to an acquittal, refused to accept the verdict, charged the jury over again, and directed them to reconsider. They afterwards reported that they were unable to agree upon any verdict; whereupon they were discharged…
2Cases cited4 opinions
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Root v. SherwoodNew York Supreme Court · 1810
- State v. UnderwoodSupreme Court of Alabama · 1841
- Gipson v. StateMississippi Supreme Court · 1872