19 Mo. 239 | Mo. | 1853
delivered the opinion of the court.
The defendant, Joseph McBride, was indicted with several others for a riot, in St. Louis county. The jury found several of the persons indicted guilty, and found James McBride guilty and assessed his fine at twenty-five dollars. Joseph McBride made his motion for a new trial, which was overruled. He also moved in arrest of judgment, which was overruled, He then moved to be discharged, because the jury returned no verdict against him, which was likewise overruled, and he brings the case here by appeal.
The second class contains those cases where error has been committed by the jury, either by returning a verdict against the wrong party, or, if not so, for a larger or smaller sum than they intended, and those where, if the amendment or alteration should be made, and the damage should be increased or diminished, or the verdict reversed, the rights of the parties would be immediately affected and changed, and this too, after the jury had, by their separation, become accessible to the parties and subject to their influence ; and he cites many cases. In this last class, there can be no amendment; the remedy is, to set aside the verdict. This is the law in civil cases, in which amendments are allowed liberally; but this doctrine of amendments does not extend to criminal cases. Upon this point, then, this judgment must be reversed.