Control of Sworn Jurors

8 GCA § 90.40, under Trial.

8 GCA § 90.40

The jurors sworn to try an action may, in the discretion of the court, be permitted to separate or be kept in charge of a proper officer. Where the jurors are permitted to separate, the court shall properly admonish them. Where the jurors are kept in charge of a proper officer, 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 or communicate with them, nor to do so himself, on any subject connected with the trial, and to return them into court at the next meeting thereof. NOTE: Section 90.40 is new; it is identical to § 1121 of the California Penal Code. For the admonition required by § 90.40, see § 90.43. For the furnishing of subsistence where the jurors are kept together, see § 90.46 and the note thereto. See generally B. Witkin, California Criminal Procedure Judgment and Attack in Trial Court § 517 (1963, Supp. 1973); 8 Moore, Federal Practice &31.06 (1974).