In re Mooney

Citations

• 89 Kan. 690
• 132 P. 217
• 1913 Kan. LEXIS 100

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Habeas Corpus — Ambiguous Verdict — Intent of Jury, if Clear, Must Prevail. Where the verdict in a criminal case is ambiguous, reference may be had for. its interpretation to the instructions and to other forms of verdict prepared by the trial judge, which after submission to the jury were filed with the clerk; and where in view of the light so afforded it is clear that the verdict was intended as one of guilty, it will be so treated.</p> <p>2. Verdict — “Guilty of Burglary and Larceny” — “Not Guilty of Burglary” — “Not Guilty of Larceny” — Interpreted — A Verdict of Conviction. In a prosecution upon an information in one count, charging burglary and larceny, a finding by the jury that the defendant is guilty of burglary and larceny, and not of burglary, and not guilty of larceny, is to be re- ' garded as a verdict of conviction, where the instructions stated that three offenses were charged, namely: (1) burglary and larceny, (2) burglary without larceny, and (3) larceny without burglary, and forms of verdict were submitted in which a finding of guilty upon each of the offenses so designated was accompanied by a finding of not guilty upon the other two, no other forms having been submitted excepting one of not guilty.</p>