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ror is biassed against the party challenging. In either case, the challenge may be oral, but must be entered on the minutes of the court.
$ 448. The adverse party may except to the challenge, in the same manner as to a challenge to the panel; and the same proceedings shall be had thereon, as prescribed in sections 430 to 131, both inclusive, except that if the exception be allowed, the juror shall be excluded. He may also orally deny the facts alleged as the ground of challenge.
§ 449. If the facts be denied, the challenge shall be tried as follows:
1. If it be for implied bias, by the court: 2. If it be for actual bias, by triers.
$ 450. The triers shall be three impartial persons, not on the jury panel, appointed by the court. All challenges for actual bias, shall be tried by three triers thus appointed, a majority of whom may decide.
$ 451. The triers shall be sworn, generally, to inquire whether or not the several persons who may be challenged, and in respect to whom the challenges shall be given to them in charge, are biassed against the challenging party, and to decide the same truly, according to the evidence.
§ 452. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness, to prove or disprove the challenge; and shall be compelled to answer every question pertinent to the inquiry therein.
$ 453. Other witnesses may also be examined on either side: and the rules of evidence applicable to the trial of other issues, shall govern the admission or exclusion of testimony, on the trial of the challenge.
§ 454. On the trial of a challenge for implied bias, the court shall determine the law and the fact, and shall either allow or disallow the challenge, and direct an entry accordingly in the minutes.
§ 455. On the trial of a challenge for actual bias, when the evidence is concluded, the court shall instruct the triers, that it is their duty to find the challenge true, if in their opinion the evidence warrants the conclusion, that the juror has such a bias against the party challenging him, as to render him not impartial; and that if, from the evidence, they believe him free from such a bias, they must find the challenge not true. The court shall give them no other instruction.
Ş 456. The triers must thereupon find the challenge either true or not true; and their decision is final. If they find it true, the juror shall be excluded.
§ 457. All challenges to an individual juror, except peremptory, must be taken, first by the defendant, and then by the people : and each party mus: exhaust all - his challenges, before the other begins.
§ 458. The challenges of eiter party need not all be taken at once ; but they must be taken separately, in the following order, including in each challenge, all the causes of challenge belonging to the same class :
1. To the panel : 2. To an individual juror for a general disqualification: 3. To an individual juror, for implied bias: 4. To an individual juror, for actual bias.
§ 459. If all the challenges on both sides be disallowed, the defendant may still take a peremptory challenge, unless the peremptory challenges be exhausted.
OF THE TRIAL.
CHAPTER I. The trial.
II. Conduct of the jury, after the cause is submitted to them.
§ 460. The jury having been impanelled and sworn, the trial shall proceed in the following order :
1. If the indictment be for a felony, the clerk must read the indictment, and state the plea of the defendant to the jury. In all other cases, this formality may be dispensed with.
2. The district attorney, or other counsel for the people, must open the case, and offer the evidence in support of the indictment.
3. The defendant or his counsel may then open his defence, and offer his evidence in support thereof.
4. The parties may then, respectively, offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case.
5. When the evidence is concluded, unles the case is submitted to the jury on either side, or on both sides, without argument, the counsel for the people must commence, and the defendant, or his counsel, may conclude the argument to the jury.
6. The court shall then charge the jury.
§ 461. When the state of the pleadings requires it, or in
any other case, for good reasons and in the sound discretion of the court, the order prescribed in the last section may be departed from. But in every case, the defendant shall have the right to close the argument to
§ 462. If the indictmentle for an offence punishable with death, two counsel on each side may argue the cause to the jury; in which case, they must do so alternately. If it be for any other offence, the court may, in its discretion, restrict the argument to one counsel on each side.
$ 463. A defendant in a criminal action is presumed to be innocent, until the contrary be proved; and in case of a reasonable doubt whether his guilt be satisfactorily shown, he is entitled to be acquitted.
$ 464. When it legally appears that a defendant has committed a public offence, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of such degrees only.
465. When two or more defendants are jointly indicted for a felony, any defendant requiring it, shall be tried separately. In other cases, defendants, jointly indicted, shall be tried separately or jointly, in the discretion of the court.
$ 466. When two or more persons are included in the same indictment, the court may, at any time before the defendant has gone into his defence, on the application of the district attorney, direct any defendant to be discharged from the indictment, that he may be a witness for the people.
§ 467. When two or more persons are included in the same indictment, and the court is of opinion, that in regard to a particular defendant, there is not sufficient evidence to put him on his defence, it shall order him to be discharged from the indictment, before the evidence shall be deemed closed, that he may be a witness for his co-defendant.
$ 468. The order mentioned in the last two sections, shall be deemed an acquittal of the defendant discharged, and shall be a bar to another prosecution for the same offence.