Page images
PDF
EPUB

ment he expressed, the verdict is complete, and the jury must be discharged from ihe case.

$ 529. If judgment of acquittal be given on a general verdict, and the defendant be pot detained for any other legal cause, he must be discharged as soon as the judgment is given; except that where the acquittal is for a variance between the proof and the indictment, which may be obviated by a new indictment, the court may order his detention, to the end that a new indictment may be preferred, in the same manner and with the like effect, as provided in sections 455 and 486.

530. If a general verdiet be rendered against the defendant, or a special verdict be given, he must be remanded, if in custody, or if on bail he may be committed to the proper officer of the county, to await the judgment of the court upon the verdict. If so committed, his bail shall be exonerated, or if money be deposited instead of bail, it shall be refunded to the defendant.

$ 531. If the defence be the insanity of the defendant, the jury must be instructed, if they acquit him on that ground, to state that fact with their verdict. The court may thereupon, if the defendant be in custody, and they deem his discharge dangerous to the public peace or safety, order him to be committed to the state lunatic asylum, until he shall become sane.

TITLE VIII.

OF THE PROCEEDINGS AFTER TRIAL, AND BEFORE JUDGMENT.

CHAPTER I. Bill of excepcions.

II. New trials,
III. Arrest of judgaient.

CHAPTER I.

Bill of exceptiona.

§ 532, On the trial of an indictment, exceptions may be taken by the defendant, to a decision of the court, upon a matter of law, in any of the following cases:

1. In disallowing a challenge to the panel of the jury, or to an individual juror for implied bias:

2. In admitting or rejecting witnesses or testimony, or in charging the triers, on the trial of a challenge to a juror for actual bias:

3. In admitting or rejecting witnesses or testimony, or in deciding any question of law, not a matter of discretion, or in charging or instructing the jury upon the law, on the trial of the issue,

$ 533. A bill containing the exceptions must be settled and signed by the presiding judge, and filed with the clerk.

$ 534. The bill of exceptions shall be settled at the trial, unless the court otherwise direct. If no such direction be given, the point of the exception shall be particularly stated in writing and delivered to the court, and shall immediately be corrected or added to, until it is made conformable to the truth.

535. If the bill of exceptions be not settled at the trial it must be prepared and served, within five days thereafter, on the district attorney, who may, within five days, serve on the defendant or his counsel, amendments thereto. The defendant may then, within five days, serve the district attorney with a notice to appear before the presiding judge of the court, at a specified time, not less than five nor more than ten days thereafter, to have the bill of exceptions settled.

§ 536. At the time appointed, the judge shall settle and sign the bill of exceptions.

§ 537. The time for preparing the bill of exceptions, or the amendments thereto, or for settling the same, may be enlarged by the consent of the parties, or by the presiding judge, or by a judge of the supreme court, but by no other officer.

§ 538. If the bill of exceptions be not served within the time prescribed in section 535 or within the enlarged time therefor, as prescribed in the last section, the exceptions shall be deemed abandoned. If it be served, and the parties omit, within the time limited by section 535, the one to prepare amendments, and the other to give notice of appearance before the judge, they shall respectively be deemed, the one to have agreed to the bill of exceptions, and the other to the amendments.

$ 539. The bill of exceptions shall contain so much of the evidence only, as is necessary to present the questions of law upon which the exceptions were taken, and the judge shall, upon the settlement of the bill, whether agreed to by the parties or not, strike out evidence and other matters not material to the questions to be raised.

$ 540. The bill of exceptions must be filed with the clerk of the court, at the time of or before taking the appeal.

CHAPTER II.

New trials,

§ 541. A new trial is a re-examination of the issue, in the same court, before another jury, after a verdict has been given.

§ 542. A new trial can be granted by the court in which the former trial was had, only in the cases provided in section 544.

$ 543. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew; and the former verdict cannot be used or referred to, either in evidence or in argument.

$ 544. The court in which a new trial is had upon an issue of fact, has power to grant a new trial, where a verdict has been rendered against the defendant, upon his application, in the following cases :

1. When the trial has been had in his absence, if the indictinent be for a felony;

2. When the jury has received any evidence out of conrt, other than that resulting from a view, as provided in section 488;

3. When the jury have separated without leave of the court, aster retiring to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case;

4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors;

5. When the court has misdirected the jury in a matter of law, or has given an expression of opinion on a question of fact, contrary to section 497;

6. When the verdict is contrary to law or evidence. But no more than two new trials shall be granted for this cause alone.

§ 515. The application for a new trial must be made before judgment, and can be made only upon leave granted by the court.

$ 546. If leave be grante:!, the court shall prescribe the time and manner of making the application.

« PreviousContinue »