Edward Douglass White

“ 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 per inutile non vitiatur." Bish. Cr. Proc. p. 623, § 1005a, is, substantially, to the same effect: 'The words, being 'the finding of lay people,' need not be framed under the strict rules of pleading, or after any technical form. ”

“ The plea made by the defendant having admitted the possession by him of the counterfeit coin, the only issue submitted to the jury was the intent to defraud. To presume that the verdict which found the defendant 'guilty under the first count' was predicated on the mere possession without the intent involves the conclusion that the jury found the defendant guilty because of the existence of a fact from which it was admitted no guilt could result. ”

“ United States
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' ”