— Also termed legal inconsistency. [Cases: Criminal Law 878(4); Federal Civil Procedure 2237; Trial 358. C.J.S. Criminal Law § 1407; Trial §§ 992–994.]
legally inconsistent verdict
A verdict in which the same element is found to exist and not to exist, as when a defendant is acquitted of one offense and convicted of another, even though the offenses arise from the same set of facts and an element of the second offense requires proof that the first offense has been committed.
