19-2309. Judgment on special verdict. The court must give judgment upon the special verdict as follows:
1. If the plea is not guilty and the facts prove the defendant guilty of the offense charged in the indictment, or of any other offense of which he could be convicted under that indictment, judgment must be given accordingly. But if otherwise, judgment of acquittal must be given.
2. If the plea is a former conviction or acquittal of the same offense, the court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal.
[(19-2309) Cr. Prac. 1864, sec. 409, p. 261; R.S., R.C., & C.L., sec. 7923; C.S., sec. 8994; I.C.A., sec. 19-2209.]