State v. Weeks

Oregon Supreme Court
State v. Weeks, 23 Or. 3 (Or. 1882)
Waldo

State v. Weeks

Opinion of the Court

Waldo, J.

On the trial of two defendants for larceny, a verdict which reads,. “ We, the jury empanneled to try the above case, find the defendant guilty as charged in the indictment,” is void for uncertainty. Such a verdict cannot be amended on the affidavits of the jurors showing that they intended to convict both defendants: Richards v. Sperry, 7 Wis. 219. Judgment reversed and new trial ordered: Corn v. Call, 21 Pick. 514; Stuart’s Case, 28 Gratt. 967; Hogan v. State, 30 Wis. 428.

Reference

Full Case Name
STATE v. MIKE WEEKS
Cited By
2 cases
Status
Published
Syllabus
Verdict — Uncertainty—Amendment.—A verdict in a case where two defendants are jointly prosecuted that reads, “We the jury find the defendant guilty as charged,” is void for uncertainty; and such a verdict cannot be amended to show that it was intended to convict both defendants.