Court may advise an acquittal.

View may be had.

No person to speak to jury.

Juror to disclose

his knowledge of controversy.

Jury may separate, etc.

On adjournment jury to be

admonished.

Juror taken sick.

same proceedings must be had thereon as are prescribed in sections two hundred and eighty-four and two hundred and eighty-five, both inclusive.

SEC. 389. If at any time the evidence on either side is closed [and] the court deem the same insufficient to warrant a conviction, it may advise the jury to acquit the defendant. But the jury shall not be bound by such advice, nor shall the court for any cause prevent the jury from giving a verdict, except as provided in sections three hunand sixty-eight, three hundred and sixty-nine, three hundred and seventy-nine, and three hundred and eighty-one.

SEC. 390. Whenever in the opinion of the court it is proper that the jury should view the place in which the offence is charged to have been committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of the sheriff, to the place, which shall be shown to them by a person appointed by the court for that purpose.

SEC. 391. No person shall be suffered to speak to the jury on any subject connected with the trial, and the officer shall return them into court without unnecessary delay, or at a specified time.

SEC. 392. If a juror have any personal knowledge respecting a fact in a controversy in a case, he must disclose the same in open court during the trial. If during the retirement of the jury a juror declare any fact which could be evidence in the cause as of his own knowledge, the jury must return into court. In either of these cases the juror making the statement must be sworn as a witness, and examined in the presence of the parties.

SEC. 393. The jurors sworn to try an indictment may at any time before the submission of the cause to the jury, in the discretion of the court, be permitted to separate, or be kept in charge of a proper of ficer. The officer shall be sworn to keep the jurors together until the next meeting of the court, to suffer no person to speak to them, nor speak to them themselves on any subject connected with the trial, and to return them into court at the next meeting thereof.

SEC. 394. The jury shall also at each adjournment of the court, whether they be permitted to separate, or be kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves, or with any one else, on any subject connected with the trial, or to form or express any opinion thereon, until the cause is finally submitted to them.

SEC. 395. If before the conclusion of the trial a juror becomes sick, so as to be unable to perform his duty, the court may order him to be discharged. In that case a new juror may be sworn, and the

trial begin anew, or the jury may be discharged, and a new jury then or afterwards empanneled.

questions of law.

SEC. 396. The court shall decide all questions of law which shall Court to decide arise in the course of the trial.

SEC. 397. On the trial of an indictment for libel the jury shall In libel cases, have the right to determine the law and the fact.

jury may decide law and fact.

cases court

to decide law.

SEC. 398. On the trial of an indictment for any other offence than In other libel, questions of law are to be decided by the court, saving the right of the defendant to except questions of fact by the jury. And although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court.

SEC. 399. In charging the jury the court shall state to them all Charge to jury. such matters of law as it shall think necessary for their information in giving their verdict.

may present a

SEC. 400. Either party may present to the court any written Either party charge and request that it may be given. If the court think it cor- written charge. rect and pertinent, it shall be given, if not, it shall be refused.

such charge.

SEC. 401. Upon each charge so presented and given or refused the Court to endorse court shall endorse its decision and shall sign it. If part be given and part refused the court shall distinguish, showing by the endorsement what part of the charge was given and what part refused.

verdict.

SEC. 402. After hearing the charge the jury may either decide in Delivery of court or may retire for deliberation. If they do not agree without retiring, one or more officers must be sworn to keep them together in some private and convenient place, and not to permit any person to speak to them, nor to speak to them themselves unless it be to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed.

on bail may

to custody.

SEC. 403. Where a defendant having given bail appears for trial, Defendant the court may in its discretion at any time after his appearance for be committed trial order him to be committed to the custody of the proper officer of the county to abide the judgment or further order of the court, and he shall be committed and held in custody accordingly.

CHAPTER II.

CONDUCT OF THE JURY AFTER THE CASE IS SUBMITTED TO THEM.

provided for

SECTION 404. A room shall be provided by the court of sessions of Room to be each county for the use of the jury upon their retirement for delibe- Jury. ration, with suitable furniture, fuel, lights, and stationery. If the court of sessions neglect, the court may order the sheriff to do so

Provision for jury while deliberating.

What papers jury may take out.

The like.

Bringing back jury into court.

Juror taken sick.

When jury not
to be discharged.

and the expenses incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.

SEC. 405. While the jury are kept together either during the progress of the trial or after their retirement for deliberation, they shall be provided by the sheriff, at the expense of the county, with suitable and sufficient food and lodging.

SEC. 406. Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the case, or copies of such parts of public records or private documents given in evidence as ought not in the opinion of the court to be taken from the person having them in possession.

SEC. 407. The jury may also take with them notes of the testimony or other proceedings on the trial taken by themselves, or any of them, but none taken by any other person.

SEC. 408. After the jury have retired for deliberation, if there be any disagreement between them as to any part of the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer to conduct them into court. Upon being brought into court, the information required shall be given in the presence of or after notice to the district attorney and the defendant and his counsel.

SEC. 409. If after the retirement of the jury one of them be taken so sick as to prevent the continuance of his duty, or any other accident or cause occur to prevent their being kept for deliberation, the jury may be discharged.

SEC. 410. Except as provided in the last section, the jury shall not be discharged after the cause is submitted to them until they have agreed upon their verdict, and rendered it in open court, unless by consent of both parties entered upon the minutes, or unless at the expiration of such time as the court shall deem proper, it satisfactorily appear that there is no reasonable probability that the jury can agree. SEC. 411. In all cases where a jury are discharged, or prevented discharge of jury from giving a verdict by reason of any accident or other cause, except where the defendant is discharged from the indictment during the progress of the trial, or after the cause is submitted to them, the cause may be again tried at the same or another term.

Effect of

Adjournment

during

SEC. 412. While the jury are absent, the court may adjourn from absence of jury. time to time, as to other business, but it shall nevertheless be deemed to be open for every purpose connected with the cause submitted to the jury, until a verdict be rendered or the jury discharged.

Final adjournment.

SEC. 413. A final adjournment of the court discharges the jury.

CHAPTER III.

THE VERDICT.

return of jury.

SECTION 414. When a jury have agreed upon a verdict, they must be Proceedings on conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest shall be discharged without giving a verdict. In such case the cause may be again tried at the same or another term.

of defendant.

SEC. 415. If the indictment be for a felony, the defendant must, Appearance before the verdict, appear in person. If it be for a misdemeanor, the

asked if they

verdict may be rendered in his absence. SEC. 416. If the jury appear, they shall be asked by the court or Jury to be clerk whether they have agreed upon their verdict, and if the foreman have agreed. answer in the affirmative, they shall on being required declare the

same.

be general

SEC. 417. The jury may either render a verdict, or when they are Verdict may in doubt as to the legal effect of the facts proved, they may, except or special. upon an indictment for libel, file a special verdict.

SEC. 418. A general verdict upon a plea of not guilty, is either General verdict. "guilty" or "not guilty," which imports a conviction or acquittal on every material allegation in the indictment. Upon a plea of a former conviction or acquittal of the same offence, it is either "For the people" or For the defendant."

SEC. 419. A special verdict is that by which the jury find the Special verdict. facts only, leaving the judgment to the court. It must present the conclusions of fact as established by the evidence, and not the evidence to prove them, and these conclusions of fact must be so presented as that nothing remains to the court but to draw conclusions of law upon them.

verdict to be

SEC. 420. The special verdict must be reduced to writing by the Special jury, or in their entered presence the minutes of the court, read in writing. to the jury, and agreed to by them before they are discharged.

upon

special verdict.

SEC. 421. The special verdict need not be in any particular form, Form of but shall be sufficient if it present intelligibly the facts found by the jury.

SEC. 422. The court shall give judgment upon the special verdict, Judgment on as follows:

1st. If the plea be not guilty, and the facts prove the defendant guilty of the offence charged in the indictment, or of any other offence of which he could be convicted as provided in section four hundred and twenty-four, under that indictment judgment shall be given

special verdict.

When new trial may be ordered.

Of what

defendant may

accordingly. But if the facts found do not prove the defendant guilty of the offence charged, or of any offence of which he could be so convicted under the indictment, judgment of acquittal shall be given.

2d. If the plea be a former conviction or acquittal of the same offence, the court shall give judgment of acquittal or conviction according as the facts prove or fail to prove the former conviction or acquittal.

SEC. 423. If the jury do not in a special verdict pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find the evidence of facts merely, and not the conclusions of facts from the evidence as established to their satisfaction, the court shall order a new trial.

SEC. 424. In all cases the defendant may be found guilty of any be found guilty. offence, the commission of which is necessarily included in that with which he is charged in the indictment, or may be found guilty of an attempt to commit the offence charged.

Verdict as to some defendants.

Court may direct jury to reconsider verdict.

The like.

Judgment on

SEC. 425. On an indictment against several, if the jury cannot agree upon a verdict as to all they may render a verdict as to those in regard to whom they do agree, on which a judgment shall be entered accordingly; and the case as to the rest may be tried by another jury.

SEC. 426. Where there is a verdict of conviction in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion, and direct the jury to reconsider their verdict, and if after such reconsideration they return the same verdict, it must be entered; but when there is a verdict of acquittal, the court cannot require the jury to reconsider it.

SEC. 427. If the jury render a verdict which is neither a general nor a special verdict, as defined in sections four hundred and eighteen and four hundred and nineteen, the court may direct them to re⚫consider it, and it shall not be recorded until it be rendered in some form from which it can be clearly understood what is the intent of the jury, whether to render a general verdict or to find the facts specially and to leave the judgment to the court.

SEC. 428. If the jury persist in finding an informal verdict, from informal verdict. which however it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it shall be entered in the terms in which it is found, and the court shall give judgment of acquittal. But no judgment of conviction can be given unless the jury find expressly against the defendant upon the issue, or judgment be given against him on a special verdict.

Jury may be polled.

SEC. 429. When a verdict is rendered and before it is recorded the