Center v. Johnson

I concur. As pointed out in the majority opinion, amendment 16 to article 2, § 7 of the Arkansas Constitution provides that in civil cases a verdict may be returned where as many as nine jurors agree. However, amendment 16 continues as follows:

[Pjrovided, however, that where a verdict is returned by less than twelve jurors all the jurors consenting to such verdict shall sign the same. (Emphasis added.)

The dissenters rely on Ark. Code Ann. § 16-64-119 (1987) [formerly Ark. Stat. Ann. §§ 27-1737 — 1738 (Repl. 1979)] which was enacted prior to amendment 16 and was operative when all twelve…