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charged 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.

$ 508. While the jury are absent, the court may adjourn from time to time, as to other business: but it shall nevertheless be deemed open, for every purpose connected with the cause submitted to the jury, until a verdict be rendered or the jury discharged.

$ 509. A final adjournment of the court discharges

the jury

CHAPTER III.

The verdict.

$ 510. When the jury have agreed upon their verdict, they must be 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.

§ 511. If the indictment be for a felony, the defendant must, before the verdict, appear in person. If it be for a misdemeanor, the verdict may be rendered in his absence.

§ 512. If the jury appear, they shall be asked by the court or the clerk, whether they have agreed upon their verdict; and if the foreman answer in the affirmative, they shall, on being required, declare the same.

$ 513. The jury may either render a general verdict, or where they are in doubt as to the legal effect of the facts proved, they may, except upon an indictment for libel, find a special verdict.

. $ 514. A general verdict upon a plea of not guilty, is either “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.”

§ 515. A special verdict is that by which the jury find the 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.

$ 516. The special verdict must be reduced to writing by the jury or in their

presence,

entered

upon

the minutes of the court, read to the jury, and agreed to by them, before they are discharged.

$ 517. The special verdict need not be in any particular form, but shall be sufficient, if it present intelligibly the facts found by the jury.

$ 518. The special verdict may be brought to argument by either party, upon five days notice to the other, at the same or another term o: the court; and upon the hearing thereof, the counsel for the defendant shall conclude the argument.

§ 519. The court shall give judgment upon the special verdict, as follows:

1. If the plea be not guilty, and the facts prove the defendant guilty of the offence charged in the indictment, or of any other oflence of which he could be convicted, as provided in sections 521 and 522, under that indictment, judgment shall be given 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 :

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

$ 520. 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 fact from the evidence, as established to their satisfaction, the court shall order a new trial.

§ 521. Upon au indictment for an offence consisting of different degrees the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the offence.

$ 522. In all other cases, the defendant may be found guilty of any offence, the commission of which is necessarily included in that with which he is charged in the indictment.

§ 523. 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.

§ 524. When 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 where there is a verdict of acquittal, the court cannot require the jury to reconsider it.

§ 525. If the jury render a verdict which is neither a general nor a special verdict as defined in sections 514 and 515, the court may direct them to reconsider 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.

$ 526. If the jury persist in finding an informal verdict, from 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 expressly find against the defendant, upon the issue, or judgment be given against him on a special verdict.

$ 527. When a verdict is rendered, and before it is recorded, the jury may be polled on the requirement of either party; in which case they shall be severally asked whether it be their verdict; and if any one answer in the negative, the jury shall be sent out for further deliberation.

ş'528. When the verdict is given, and is such as the court may receive, the clerk must immediately record it in full in the minutes, and must read it to the jury and inquire of them whether it be their verdict. If any juror disagree, the fact must be entered in the minutes, and the jury again sent out; but if no disagree

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