Grant v. State

Citations

• 33 Fla. 291

Syllabus

<p>1. Before a verdict returned by a.jury in cases of felony is complete it must be accepted by the court for record. At any time after the verdict is returned into court, and before it is accepted by the court for record, the accused has the right to have the jury polled in order to ascertain if the verdict offered is unanimous, and in the absence of a polling of the jury any member thereof has the right sua sponte to recede from the verdict agreed upon at any time before it is accepted for record.</p> <p>2. At common law the verdict of the jury in cases of felony was pronounced in open court, then entered on the record by the clerk, and after this affirmed by the entire jury, when it became complete. The manner of receiving and affirming verdicts in cases of felony discussed.</p> <p>3. 'When a jury returns into court an informal, insensible, or a. repugnant verdict, or one that is not responsive to the issues-submitted, they may be directed by the court to reconsider it, and present a verdict in proper form. The court should, however, use great caution, and not intimate to the jury the kind of verdict in substance that should be returned.</p> <p>4. After the case had been submitted to the jury under the charge-of the court they returned into court the following verdict, viz: “We, the jury, find the defendant guilty of manslaughter-in the first degree.” The court refused to accept this verdict, and stated to the jury that it was not in proper form, as there were no degrees in manslaughter, and that they must retire- and present a verdict in proper form. The jury retired and returned the following verdict, viz: “We, the jury, find the defendant guilty of murder in the first- degree, and recommend: him to the mercy of the court,” and this verdict was accepted by the court: Held, that the court did not err in refusing to-receive the first verdict and in accepting the second one.</p> <p>5. In the opinion of a majority of this court, the testomony in the-record is not s