Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-10

Ihe Jury returned q NeIulCI III lue
following form: I'VE, the jury, duly
empaneled to try the above entitled
cause find the defendant George Set
sor, guilty of involuntary man
slaughter.
(Signed) R. r. Palmer, Foreman.
Counsel for defendant moved the
court to set aside the verdict and
discharge defendant, for the reason
that by the return of the verdict and
the discharge of the jury thereafter,
the defendant had been acquitted of
he crime of murder in the first de-
gree, murder in the second degree,
and manslaughtr; and that the jury
was not authorized to return a ver-
dict of guilty of involuntary man
slaughter, or any other verdict eX-
cept not guilty.
The defendant assigns as error the
over-ruling of the motion and the
judgment of sentence. He does not
ask for a new trial and as we under
stand the brief and oral argument of
counsel for defendant, the only ques-
tion raised for the determination Of
this court is, whether or not the
judgment appealed from, is void, and
whether the defendant should be dis
charged, for the reason that the YER
dict Of the jury was not in legal
form under the statute of this state
and did not authorize the trial court
to pass judgment.
Our statute making provisions for
trials in criminal actions as to the
verdict is, in effect, as follows: THE
jury may ether find a general YER
dict, or where they are in doubt as
to the legal effect of the facts prov
en-, they may find a special verdict 4"
Sec 1916, L. o. L.
"a general verdict upon a plea of
not guilty, is either guilty or not
guilty; which imports a conviction
or acquittal of the crime charged in
the Indictment" - Sec. 1547,
L. o. l..
"A special verdict Is one by which
the jury finds the facts only, leav-
ing the judgment to the court. 1t
must present the conclusions of fact,
as established by the evidence" I"
" L" Sec 1548. L. o. L.
THE special verdict must be re-
duced to writing by the jury or in
their presence, under the direction Of
the court, and agreed to by them, be-
fore they are discharged. It need not
be in any particular form, but is
sufficient if it present intelligibly the
facts found by the jury" Sec. 1549,
l.. o. L.
I'm all cases, the defendant may be
found guilty of any crime, the COM
Of which is necessarily in
cluded in that with which he is
in the indictment, or of an
attempt to commit such crime
Sec, 1862, L. o. L.
When there is verdict found, in
which it appears to the court that
the jury have mistaken the law, the
court may explain the reason for
that opinion, and direct the jury to
reconsider their verdict; but if after
such reconsideration they find the
same verdict, it must he received.
Sec, 1904, L. o. l..
The section of our statute which is
especially applicable in determining
whether or not a verdict is in legal
form and should be received, is rs
follows: IF the jury find a verdict
which is neither a general nor a
special verdict, as defined in Secs
l541 and 154S, the court may. with
proper instructions as to the law, di-
'ect them to reconsider it; and the
'erdict cannot be received until it be
gwen in some (form) from which it
AN be clearly understood what is the
intent of the jury, whether to render
general verdict or to find the facts
specially, and to leave the Judgment
o the court, Sec. 1555, L. o. L.
We think it is clear from the YER
lict rendered in this case that the
ury intended to, and did render a
general verdict; therefore the only
contention is in regard to the descrin-
ION OF the crime for which defen-
liant was sentenced, is manslaughter
the adjective Involuntary, con-
aimed in the verdict, can be given q
lgnlilcation indicating an excuse or
uStlilcation, or any degree of crime
ess than manslaughter, or anv
rime not included in the indictment
hen 1t would seem that the position
aken by the defendants counsel is
orrect. On the other hand if tbe
.oru involuntary" does not have
ny such signiiication, then the con-
lasion must be to the contrary,
sections 1897 to 1902. inclusive
J. L., define the crime of manslaueht-
I. sec 1897, l.. o. L. as follows.
II any person shall, without malice
NSpress or implied, and without de-
Deratlon, upon a sudden heat of mas
on caused by provocation appar-
llly sufficient to make the passion
Feslstlble, voluntarily kill another
tcn person shall be deemed guilty /,
manslaughter.' - And Sec. 1898 l.
l." IN these words: "If any per-
IN snail, in the commission of nm
act, or a lawful act without
lie caution or circumspection in
'luntarily kill another, such person
lall be deemed guilty Of man nam
aughter." ii''i-
Section 1905, L. o. L. makes tba
MY provision for the punishment Of
len crime, to-wit: every narson
'nyicted of manslaughter shall Ia
lnlshed by Imprisonment in tbo
ehltentiary not less than one nor @ !,
ore than fifteen years, and bv =
ne not exceeding $4,000" {
Mr. Bishop says: The language Of !
le e verdict being that of Iay peonle a. {,
eea 7eo ,, not follow the strict rules S'Ci ~ u
fading, fading, or be otherwise technical ~ !, I
,rnm, naue.er conveys the idea to the y
,l5Inon I1 understanding will snftico @ 5
ad ad al tair intendments will he r
'iS 1' vo 70 support it. 3 Bisb- n
vo.St new Criminal Procedure. Sec d
tendmon. TvrS should have reasonable II