Washington v. State

Citations

• 55 Fla. 194

Syllabus

<p>1. A verdict should be certain, positive and free ffom all ambiguity. It must be so certain that the court can give judgment upon it.</p> <p>2. The verdict should he regarded from the standpoint of -the jury’s intention, and when this can he ascertained, if consistent with legal principles, such effect should be allowed to their findings as will most nearly conform to their verdict. If the verdict is not sufficiently certain to clearly show what the jury intended, it will be fatally defective.</p> <p>3. A verdict, “we the jury find the, defendant guilty of aggravated assault with intent to murder, so say we all,” is uncertain, ambiguous and fatally defective.</p> <p>4. There is no necessity for a defective verdict to be received or recorded. If the jury bring in a defective verdict, it is in the power equally of the couit, the prisoner and the prosecuting attorney to have it set right before the discharge of the jury. If the verdict is ambiguous or uncertain, the judge should cause the jury to correct it before discharging them.</p>