Statler v. United States

• Decision Date: 25 March 1895
• Docket Number: No. 770,770
• Citation: 15 S.Ct. 616,39 L.Ed. 700,157 U.S. 277
• Parties: STATLER v. UNITED STATES
• Court: U.S. Supreme Court

157 U.S. 277

15 S.Ct. 616

39 L.Ed. 700

STATLER

v UNITED STATES.

No. 770.

March 25, 1895.

Thomas B. Alcorn, for plaintiff in error.

Asst. Atty. Gen. Whitney, for the United States.

Mr. Justice WHITE delivered the opinion of the court.

The plaintiff in error was prosecuted for committing offenses punishable under Rev. St. § 5458. The indictment contained three counts. The first charged him with 'having counterfeit coin in his possession with intent to defraud certain persons to this grand inquest unknown'; the second, with having with like intent attempted to pass such coin; and the third, with actually passing such coin with criminal intent. On being arraigned, the defendant pleaded not guilty, presenting a written plea to that effect, which was placed on the indictment, as follows: 'Defendant admits having the coins in his possession set forth in the indictment, and knowing that they were counterfeit, but pleads not guilty of the intent of passing or intending to pass same, or to defraud any person with the same.'

On the trial the government abandoned the second and third counts. Under the first count, as the fact of possession of the counterfeit coin was admitted, the only issue presented to the jury was whether the intention to defraud existed. The jury found a verdict on May 14, 1894, after the adjournment of the court, which was signed by all its members, and, being sealed, was opened by the court on the following day, May 15th. It was as follows: 'The jury finds the defendant guilty in the first count for having in possession counterfeit minor coin. Not guilty as to second and third counts.'

The defendant moved in arrest of judgment for the following reasons: 'First. The jury has not found the defendant guilty of any offense under the law. Second. The verdict, to wit, 'the jury finds the defendant guilty for having in possession counterfeit minor coin; not guilty as to the second and third counts,'—clearly indicates that the jury did not intend to find the defendant guilty under the act of congress of intending to de fraud any person.' The motion was overruled, and sentence imposed. The defendant brought the case here by error.

In order to determine the effect of the words attached by the jury to the finding 'of guilty in the first count,' it is necessary to ascertain whether the verdict was special or general.

A special verdict is defined by Blackstone to be one 'where the jury state the naked facts as they find them to be proved, and pray the advice of the court thereon, concluding conditionally; that is, if upon the whole matter the court should be of the opinion that the plaintiff had cause of action, then they find for the plaintiff; if otherwise, for the defendant. * * * Another method of finding a species of special verdict is when the jury find generally for the plaintiff, but subject, nevertheless, to the opinion of the judge of the court on a special case stated by the counsel on both sides with regard to matter of law.' 3 Bl. Comm. 377, 378.

Under this definition it is evident that the verdict here considered was not a special verdict. Indeed, it is settled beyond question that a verdict of guilty, without specifying any offense, is general, and is sufficient, and is to be understood as referring to the offense charged in the indictment. St. Clair v. U. S., 154 U. S. 134, 14 Sup. Ct. 1002; Bond v. People, 39 Ill. 26; State v. Jurche, 17 La. Ann. 71; State v. Curtis, 6 Ired. 247; State v. Tuller, 34 Conn. 280; State v. Morris, 104 N. C. 837, 10 S. E. 454.

The verdict being general, and not special, any words attached to the finding 'guilty on the first count' are clearly superfluous, and are to be so treated. In Trials per Pais (8th Ed. 1766, p. 287) the rule is thus stated: 'If the jury give a verdict of the whole issue and of more, * * * that which is more is surplusage, and shall not stay judgment, for 'utile...