Kellum v. StateKellum v. State
- Reporters:
- Before:
- Arnold
delivered the opinion of the court.
Thе judgment is assailed in this case on the ground that the verdict was defective and insensible. The only objections made to the verdict is that in it the jury used the word “dеfendd” instead of defendant, and therеby failed to designate the prisoner. We are unable to determine frоm the record whether the abbreviation employed by the jury is “ defendd ” or “ dеfendt,”. but whether it is the one or the othеr is immateriál.
There is no technical form of words in which a verdict is required to be rendered. Any words which convey, beyоnd reasonable doubt, the meaning and intention of the jury are sufficient, and all fair intendments will be made to support the verdict. 1 Bish. Cr. Pro., § 1005a; The State v. Ryan, 13 Minn. 370; Singleton & True v. Sodusky, 7 J. J. Marsh 341.
From the language used by the jury in this case there can be no doubt what they meant by their verdict. They were trying’ the appellant, and the only issue before them was whether he was guilty or not. Omitting what is objected to in thе verdict, and their response to thаt issue was, “ guilty as charged in the bill of indictment.” ■ To suppose that they meant to say either that somebody else was guilty as charged in the indictment, or that аppellant was not guilty, requires a degree of felicity in the arts of doubting and of technical gymnastics which we dо not possess. In *229the interpretatiоn of verdicts and the administration of law at this day the judicial eyes are nоt closed against the light of commоn sense. In Singleton & True v. Sodusky, supra, exceptions were tаken to a verdict somewhat similar to the one in this case; and Chief Justice Robertson, speaking for the court, said, truly: “The judge who would not enter judgment on such a verdict would scarcely, if ever, find a jury аble to write a verdict in language so explicit, technical, or exаct as to suit the fastidiousness of his judiciаl taste or conquer the skeptiсism of his learned head.”
Error is assigned on the action of the court in giving certain instructions for the State; but there is nо - evidence in the record, and as it cannot be said of the instructions given that in no state of case could they be proper, we cannot disturb the judgment on that account. Hartford Ins. Co. v. Green, 52 Miss. 332.
Affirmed.