10,043

1

Constitution that juries would not be free to render

2

verdicts as they saw fit based on the evidence?

3

DELEGATE WILLONER: Under our law, the jury has the

4

power to disregard. There is nobody in this body will deny

5

that no man could be found guilty on the judgment of a

6

judge or should I say no man can have a directed verdict

7

against him, direct a jury to find him guilty.

8

The judge does not have that power. Apparently

9

under this case law -- and I will admit I have not done a

10

complete and thorough research job -- but I think the burden

11

is on those who would make a change to do this research

12

job.

13

It would appear to me this would raise a problem,

14

whereby if the jury did come in with a verdict which was

15

inconsistant with the facts, the judge could, or the court

16

could reverse the decision, because if it were rob bery and

17

there weren't any issues, and they came in with assault with

18

intent to rob, where there was virtually uncontradicted

19

evidence in that, could the verdict stand?

20

I don't know the answer to that. It appeared that

21

it couldn't stand from the few cases I looked at.