Special Verdict; Defect or Insufficiency

If the jury does not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, the court shall direct the jury to retire and return another special verdict. The court may explain to the jury the defect or insufficiency in the special verdict returned, and the form which the special verdict to be returned must take. NOTE: Section 105.42 is new. It is based on § 1156 of the California Penal Code. See § 105.34 and Note thereto.