81 Iowa 599 | Iowa | 1891
After deliberating more than eighteen hours, the jury sent to the court the following: “There are two men that will not vote guilty on the second count, but say that, if you will send them writ-, ten instructions, that such a verdict will be in accordance with the evidence and your instruction, that they will so vote.” The jury then came into court, and from questions by the court it learned that at least some of the jurors had not a clear idea of the distinction between an assault with intent to murder and an assault with intent to commit manslaughter, and the court, with considerable particularity, orally explained to them the difference, at times pausing to ask if all understood it, and, upon questions or suggestions by jurors, the court would explain further. The instructions, as orally given to the jury, were taken in shorthand by the reporter, and at the conclusion of the instructions (orally) the court said to'the jury: “I will have this extended so that you may have the benefit of it.” It then appears from the record that the jury was directed to retire for deliberation, and at once agreed upon a verdict (the one returned), and instructed the bailiff in charge to inform the court. The court, through the bailiff, directed the jury to wait for the written instrue-sions. That, about an hour after the verdict was agreed upon and signed, the written instructions were received, read, and, by a vote, the verdict previously found was adhered to. Complaint is made of this action by the court.