§ 29-2024 — Verdict; poll

Nebraska § 29-2024

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

When the jury have agreed upon their verdict they must be conducted into court by the officer having them in charge. Before the verdict is accepted the jury may be polled at the request of either the prosecuting attorney or the defendant.

Legislative History

Source: G.S.1873, c. 58, § 486, p. 830; R.S.1913, § 9127; C.S.1922, § 10152; C.S.1929, § 29-2024; R.S.1943, § 29-2024. Annotations: 1. Reception of verdict 2. Polling of jury 3. Miscellaneous 1. Reception of verdict Irregularity in receiving verdict in absence of counsel may be waived. Hyslop v. State, 159 Neb. 802, 68 N.W.2d 698 (1955). Verdict received in vacation time is not a "privy verdict." Manion v. State, 104 Neb. 130, 175 N.W. 1013 (1920). Reception of verdict in criminal case is governed by this section. Evers v. State, 84 Neb. 708, 121 N.W. 1005 (1909). Verdict must be given in open court. Longfellow v. State, 10 Neb. 105, 4 N.W. 420 (1880). Jury may not return instead of verdict a statement that they have agreed to disagree. Green v. State, 10 Neb. 102, 4 N.W. 422 (1880). Verdict signed by all jurors is good. Clough v. State, 7 Neb. 320 (1878). Verdict finding defendant guilty, without adding "in manner and form," etc., is good. Preuit v. State, 5 Neb. 377 (1877). 2. Polling of jury A defendant may waive his right to have the jury polled. When upon inquiry by the court he replies in the negative, the right is waived. State v. Hiatt, 190 Neb. 315, 207 N.W.2d 678 (1973). Jury need not be polled unless requested by defendant or prosecuting attorney. Feddern v. State, 79 Neb. 651, 113 N.W. 127 (1907). 3. Miscellaneous Verdict should be certain, not ambiguous; sufficient if in light of record meaning is clear beyond reasonable doubt. Keeler v. State, 73 Neb. 441, 103 N.W. 64 (1905). Verdict is void which omits name of guilty party. Williams v. State, 6 Neb. 334 (1877).