State v. Carrithers

Citations

• 79 Kan. 401
• 99 P. 614
• 1909 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Form of Verdict — Mistake — Correction. Where there is a mistake in preparing the form of a verdict, so that it does not correctly state the offense whereof the jury intended to find the defendant guilty, such mistake may be corrected by the jury before they are discharged from further consideration of the case.</p> <p>2. - Substantial Amendment of Verdict—Procedure. In such a case, where the verdict as first returned is complete in form, finding the defendant guilty of a distinct offense included in the information, before it is changed by the court so as to find the defendant guilty of a. higher offense the court should explain such mistake to the jury, call their attention to the instructions defining the several offenses charged, give or state to them correct forms of verdict applicable to any finding they may properly make, and afford them an opportunity to reconsider their verdict.</p> <p>3. -Province of the Jury. The jury should have a full opportunity to decide the facts according to their own understanding of the evidence, under clear statements of the law, and upon forms of verdict the import of which is fairly stated • and understood.</p>