¶1 The record discloses that: “His Honor instructed the Clerk to take the verdict. Whereupon, the Clerk asked: ‘Gentlemen, how do you find the defendant, guilty as charged or not guilty?’ The foreman, answering for the jury, declared, ‘Not guilty.’ The Clerk then asked: ‘So say you all ?’ And the jurors answered ‘Yes.’ ”
¶2 Thereafter the trial judge resubmitted the case to the jury, who returned a verdict of guilty. The verdict of not guilty entitled the defendant to be discharged.
¶3 Eeversed.