victed, under that indictment, as provided in sections 501 and 502, judgment must be given accordingly; but if otherwise, judgment of acquittal must be given:

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

§ 500. 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 must order a new trial

This section is in conformity with the existing practice. See the cases cited in 1 Gra. Prac., 3d ed., 775, note 1.

§ 501. Upon an 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.

Taken from 2 R. S., 3d ed., 789, sec. 30.

§ 502. 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.

This section is intended to provide for a class of cases not comprehended within the last section, but embraced within

the common law rule. In The People v. Jackson, 3 Hill, 92. it was held, that under an indictment for producing an abor tion of a quick child, which by statute is a felony, the defendant might be convicted though it turn out that the child was not quick, and the offence, therefore, a mere misdemeanor. It was admitted in that case, that the provision of the Revised Statutes, from which the last section is taken, did not authorize such a conviction, but that it had not affected the common law rule, by which the conviction was justified. This section is declaratory of the principle thus established, and of the rule of the common law referred to in the case cited.

§ 503. 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 must be entered accordingly; and the case, as to the rest, may be tried by another jury.

The object of this section is sufficiently apparent. The practice which it prescribes is sometimes pursued, but it has no where the express authority of law. As every defendant, in a case of felony, has a right to a separate trial, and may, in the discretion of the court, have that privilege in a case of misdemeanor, there seems to be no reason why the jury should not be allowed to acquit one defendant, though unable to agree as

to another.

§ 504. 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 the 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.

§ 505. If the jury render a verdict which is neither a general nor a special verdict as defined in sections 494 and 495, the court may, with proper instructions as to the law, direct them to reconsider it; and it can 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.

§ 506. 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 must be entered in the terms in which it is found, and the court must 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.

The last three sections sufficiently explain themselves, and the justice of the provisions they contain, seems manifest. Substantially similar provisions are recommended in Liv. Crim. Code, 536, art. 394-396.

§ 507. 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 must be severally asked whether it is their verdict; and if any one answer in the negative, the jury must be sent out for further deliberation.

§ 508. When the verdict is given, and is such as the court may receive, the clerk must immediately record it in full upon the minutes, and must read it to the jury and inquire of them whether it is their verdict. If any juror disagree, the fact must be entered upon the minutes, and the jury again sent out; but if no disagreement be expressed, the verdict is complete, and the jury must be discharged from the case.

§ 509. If judgment of acquittal be given on a general verdict, and the defendant be not detained for any other legal cause, he must be discharged as soon as the judgment is given; except that when 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 465 and 466.

§ 510. If a general verdict 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. When committed, his bail is exonerated, or if money be deposited instead of bail, it must be refunded to the defendant.

The last four sections are in conformity with the existing practice, except the provision in sec. 510, as to refunding money deposited instead of bail, which grows out of the provisions of this Code, sec. 648-651, which will be hereafter referred to.

§ 511. 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 become sane.

In conformity with the existing practice. See 1 R. S. 3d ed. 813, 814, sec. 44, 47.

TITLE VIII.

OF THE PROCEEDINGS AFTER TRIAL, AND BEFORE JUDGMENT.

CHAPTER I. Bill of exceptions.

II. New trials.

III. Arrest of judgment.

CHAPTER I.

SECTION 512. In what cases.

BILL OF EXCEPTIONS.

513. By whom settled, and how filed.

514. To be settled at the trial, or the point noted in writing.

515, 516. When and how settled, after the trial.

517. Enlarging the time therefor.

518. Effect of not serving exceptions or amendments, within the time prescribed.

519. What to be contained in bill of exceptions.

520. With whom and when filed.

§ 512. On the trial of an indictment, exceptions may be taken by the defendant, to a decision of the court, upon a matter of law, by which his substantial rights are prejudiced and not otherwise, 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: