system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of justice, and equality of right and privilege between parties, will he best promoted by the following rule, to wit: aparty shall not dismiss or be nonsuit in any case, after the publication of the verdict, and it shall be considered as published, eo instanti, in which it is handed to the plaintiff’s counsel or other person directed by the Court to receive it.”); Wellstar Health Sys., Inc. v. Sutton, 318 Ga. App. 802, 804 (2) (734 SE2d 764) (2012) (“Where a jury agree on their verdict, write it out, have it signed by their foreman, and deliver it to the clerk, by the direction and in the presence of the judge, it is published.” (punctuation omitted)); Bell v. State, 163 Ga. App. 672, 674 (1) (295 SE2d 147) (1982) (same); Irvine, 15 Ga. App. at 269 (same); see also Han 2d 550) (1995) (<HOLDING>). 30 Lindsey v. State, 262 Ga. 665, 666 (1) Options: A. holding that indictment for murder in the first degree charges murder by whatever means it may have been committed regardless of the theory of murder presented to the grand jury B. holding that after court dismissed case at plaintiffs request notwithstanding the fact that jury had deliberated upon the case and indicated that it had reached a verdict there was no case pending in court on which a verdict could be predicated and the information which the judge got from an inspection of the petition handed to him by the foreman of the jury was information which he received as an individual and not as a judge of the court and further holding that despite violation of defendants right to receive the verdict that was purportedly reached the writing incorporated in the bill of exceptions as a verdict of the jury was in law no verdict because it was not received in court and published as required by law and was instead entirely extraneous and extrajudicial C. holding that verdict returned by jury should have been received and recorded and that trial court erred by granting a continuance after jury returned its verdict applying the principle announced in merchantsbank of macon 7 ga at 200 4 that a verdict shall be considered as published eo instanti in which it is handed to the plaintiffs counsel or other person directed by the court to receive it emphasis omitted D. holding that the trial court erred in giving jury instructions that offered alternative theories of murder E. holding that trial court erred in granting plea in bar as to murder when prior to receipt and publication of fact that jury could not reach a verdict on murder count jury had indicated in notes to the trial court that it had acquitted defendant of murder and holding that there was no verdict until it was received and published in open court

assistant: The best answer is E. holding that trial court erred in granting plea in bar as to murder when prior to receipt and publication of fact that jury could not reach a verdict on murder count jury had indicated in notes to the trial court that it had acquitted defendant of murder and holding that there was no verdict until it was received and published in open court