, the jury have a right to render a general verdict
involving questions of law as well as fact, under instructions by
the court upon matters of law; or whether, when the testimony is
not conflicting, the court may take the case from the jury and
direct a verdict of guilty to be entered.

It is the practice in civil causes for the court, if there is no
conflict in the evidence, to direct a verdict for the plaintiff
or for the defendant, because in such case the court may set
aside a verdict and grant a new trial in favor of plaintiff or
defendant. It would, therefore, be a barren form to require the
jury to deliberate and find a verdict in a case where if the
verdict was not one way, the court would set it aside and order a
new trial, and so on, until a verdict should be found that was
satisfactory to the court. So in practice it is usual for the
court to direct the jury to acquit the prisoner in a criminal
case; because, if the jury find against the prisoner, the court
may set the verdict aside and order a new trial, and continue to
do so until a verdict of acquittal shall be rendered; though it
is doubtful whether, even in a civil cause, the court could
refuse to let the jury be polled, or could enter a verdict for
the jury to which they did not agree. The court could direct the
jury what to do, and set aside the verdict if they did otherwise;
but it is not admitted that, even in a civil cause, the court
could enter a verdict against the wishes of the jury.

But at the common law and in the Federal courts it is certain
that where the jury render a verdict of acquittal, even against
the evidence and the instructions of the court on propositions of
law, the court can not set aside the verdict and order another
trial. From this it follows that the court can not take from the
jury this power of acquittal in a criminal case, by directing and
compelling a verdict against the prisoner, and refusing to have
the jury polled. But the importance of this question requires its
examination not only in the light of reason, but of authority.
The Constitution of the United States provides:

In all criminal prosecutions, the accused shall enjoy the
right to a speedy and a public trial by an impartial jury of
the State and district wherein the