19-2309. JUDGMENT ON SPECIAL VERDICT. The court must give judgment upon the special verdict as follows:
1. If the plea is not guilty and the facts prove the defendant guilty of the offense charged in the indictment, or of any other offense of which he could be convicted under that indictment, judgment must be given accordingly. But if otherwise, judgment of acquittal must be given.
2. If the plea is a former conviction or acquittal of the same offense, the court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal.
History:
[(19-2309) Cr. Prac. 1864, sec. 409, p. 261; R.S., R.C., & C.L., sec. 7923; C.S., sec. 8994; I.C.A., sec. 19-2209.]
Structure Idaho Code
Section 19-2301 - RETURN OF JURY.
Section 19-2302 - PRESENCE OF DEFENDANT.
Section 19-2303 - MANNER OF TAKING VERDICT.
Section 19-2304 - GENERAL AND SPECIAL VERDICTS.
Section 19-2305 - FORMS OF GENERAL VERDICT.
Section 19-2306 - SPECIAL VERDICT DEFINED.
Section 19-2307 - SPECIAL VERDICT, HOW RENDERED.
Section 19-2308 - FORM OF SPECIAL VERDICT.
Section 19-2309 - JUDGMENT ON SPECIAL VERDICT.
Section 19-2310 - DEFECTIVE SPECIAL VERDICT — NEW TRIAL.
Section 19-2311 - JURY TO FIND DEGREE OF CRIME.
Section 19-2312 - CONVICTION OF INCLUDED OFFENSE.
Section 19-2313 - VERDICT AGAINST JOINT DEFENDANTS.
Section 19-2314 - RECONSIDERATION OF VERDICT.
Section 19-2315 - JUDGMENT ON INFORMAL VERDICT.
Section 19-2316 - POLLING THE JURY.
Section 19-2317 - RECORDING VERDICT.
Section 19-2318 - DISCHARGE OR DETENTION OF DEFENDANT ON ACQUITTAL.