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" If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find the evidence of facts merely, and not the conclusions of fact, from the evidence, as established... "
Iowa Criminal Code and Digest and Criminal Pleading and Practice - Page 641
by Jacob Conrad Davis - 1879 - 678 pages
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...acquittal, according as the facts prove or fail to prove the former conviction or acquittal. § 520. If the jury do not, in a special verdict, pronounce...evidence, as established to their satisfaction, the court shall order a new trial. § 521. Upon aij indictment for an offence consisting of different degrees...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 562 pages
...acquittal, according as the facts prove or fail to prove the former conviction or acquittal. § 500. If the jury do not, in a special verdict, pronounce...evidence, as established to their satisfaction, the court must order a new trial This station is in conformity with the existing practice. See the cases cited...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...conviction according as the facts prove or fail to prove the former conviction or acquittal. SEC. 423. If the jury do not in a special verdict pronounce...evidence of facts merely, and not the conclusions of facts from the evidence as established to their satisfaction, the court shall order a new trial. SEC....
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 pages
...according as the facts prove or fail to prove the former conviction or acquittal. Акт. 1664, Sec. 423. If the jury do not in a special verdict pronounce...evidence of facts merely, and not the conclusions of facts from the evidence as established to their satisfaction, the court shall order a now trial. Ант....
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - 1860 - 312 pages
...prove or fail to prove the former conviction or acquittal. Court may order jury to further deliberate. and not the conclusions of fact from the evidence...may order them to retire for further deliberation. SEC. 321. In all other cases the defendant may be found guilty of any offence the commission of which...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 pages
...conviction, according as the facts prove or fail to prove the former conviction or acquital. SEC. 410. If the jury do not, in a special verdict, pronounce...evidence of facts merely, and not the conclusions of facts from the evidence as established to ther satisfaction, the court shall order a new trial. SEC....
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 pages
...conviction, according as the facts prove or fail to prove the former conviction or acquital. SEC. 410. If the jury do not, in a special verdict, pronounce...evidence of facts merely, and not the conclusions of facts from the evidence as established to ther satisfaction, the court shall order a new trial. SEC....
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - 1865 - 662 pages
...conviction according as the facts prove or fail to prove the former conviction or acquittal. 2010. SEO. 423. If the jury do not in a special verdict pronounce...evidence of facts merely, and not the conclusions of facts from the evidence as established to their satisfaction, the court shall order a new trial. 2011....
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 21

Iowa. Supreme Court - 1868 - 658 pages
...rather than a general verdict, as denned by the statute. Assuming it to be such, then, as it did not pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, the order should have been that they "retire for further deliberation." §§ 4834, 4838-9. This was...
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The Penal Code of California, Volume 4

California - 1872 - 698 pages
...enable the Court to give judgment, ordered. or jf ^Qy fj,1(jt^e evj<]ence of facts merely, and uot the conclusions of fact, from the evidence, as established to their satisfaction, the Court must order a new trial. Jurytofind 1157. Whenever a crime is distinguished into degrees, the jury,...
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