§ 16-89-126 - Verdict generally.
16-89-126. Verdict generally.
(a) When the jury has agreed upon their verdict, they must be conducted into court by the officer having them in charge, their names called by the clerk, and, if they all appear, their foreman must declare their verdict.
(b) The jury may render either a general or a special verdict.
(c) A general verdict is either "guilty" or "not guilty". If the verdict is guilty, the jury must affix the punishment if the amount thereof is not determined by law.
(d) (1) A special verdict is the finding of the facts only, leaving the law arising on the facts to the judgment of the court, with an ascertainment of the punishment in the event that the court pronounces a judgment of conviction on the verdict.
(2) A special verdict must present the conclusions of fact as established by the evidence, and not the evidence of those facts. The facts must be presented so that the court has nothing to do but draw the conclusions of law upon them.
(3) The special verdict must be reduced to writing by the jury and read to them in the presence of the court. It shall not be received by the court unless it pronounces affirmatively on the facts necessary to enable the court to give judgment.
(e) (1) Upon an indictment for an offense consisting of different degrees, the defendant may be found guilty of any degree not higher than that charged in the indictment and may be found guilty of any offense included in that charged in the indictment.
(2) (A) The offenses named in each of the subdivisions of this section shall be deemed degrees of the same offense, in the meaning of subdivision (e)(1) of this section:
(i) All offenses of homicide;
(ii) All injuries to the person by maiming, wounding, beating, and assaulting, whether malicious or from sudden passion, and whether attended or not with the intention to kill;
(iii) All offenses of larceny;
(iv) Arson and house-burning;
(v) Burglary and house-breaking; and
(vi) An offense, and an attempt to commit the offense.
(B) Offenses punished capitally are of the highest degree, other felonies are of higher degree than misdemeanor, and those punished by imprisonment are of higher degree than those punished by fine alone.
(C) Where the punishment is the same in kind, the amount that may be inflicted fixes the degree.
(3) Where there is a reasonable doubt of the degree of the offense which the defendant has committed, he or she shall be convicted only of the lower degree.
(4) When the proof shows the defendant to be guilty of a higher degree of the offense than is charged in the indictment, the jury shall find him or her guilty of the degree charged in the indictment.
(f) Upon an indictment against several, if the jury cannot agree as to all, they may render a verdict as to those concerning whom they do agree, and the case as to the others may be tried by another jury.
(g) When there is a reasonable doubt of the defendant's guilt upon the testimony in the whole case, he or she is entitled to an acquittal.