(a) The jury shall render a general verdict except when all parties stipulate in writing with the approval of the court to the return of a special verdict. (b) A general verdict upon a plea of not guilty is either Aguilty@ or Anot guilty.@ A general verdict upon a plea of not guilty by reason of mental illness, disease or defect is either Aguilty@ or Anot guilty by reason of mental illness, disease or defect.@ (c) A special verdict is that by which the jury finds the facts only, leaving the judgment to the court. It shall present the conclusions of fact as established by the evidence, and not the evidence to prove them, and these conclusions of fact shall be so presented that nothing remains to the court
COL120106 VERDICT OR F INDING but to draw conclusions of the law upon them. The special verdict shall be written but need not be in any particular form provided that it presents intelligibly the facts found by the jury. The special verdict shall be read to the jury and agreed to by them, before they are discharged. NOTE: Section 105.34 is new. It is inspired by §§ 1150 to 1154 of the California Penal Code. See generally B. Witkin, California Criminal Procedure Judgment and Attack in Trial Court §§ 534-535 (1963, Supp. 1973). The procedure provided here, however, is intended to be more in the nature of special interrogatories, to the jury. These interrogatories are prepared and stipulated to by all parties and then presented to the jury. It is not contemplated that the jury will prepare its own verdict. For judgment on a special verdict, see § 105.38. For procedure on a defect in a special verdict, see § 105.42.