Title 8 — Criminal Procedure

After receiving the instructions from the court, the jury shall retire for deliberation and an officer shall be sworn to keep them together for deliberation in some private and convenient place, and, during such deliberation not to permit any person to speak to or communicate wit…

Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the case, or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the pe…

After the jury has retired for deliberation, if there is any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in the case, they may require the officer to conduct them into court. Upon being brought into court, the inform…

(a) The jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, except: (1) By consent of both parties, entered upon the minutes; COL120106 VERDICT OR F INDING (2) At the expiration of such time as th…

(a) Before the jury retires for deliberation, the court may give an instruction which informs the jury: (1) that in order to return a verdict, each juror must agree thereto; (2) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agree…

While the jury is absent the court may adjourn from time to time, as to other business, but it shall be open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged. NOTE: Section 105.26 is new. It is substantively the s…

(a) When the jury has agreed upon a verdict, they shall be conducted into court by the officer having them in charge. When they appear in court, they shall be asked by the judge, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they shal…

(a) The jury shall render a general verdict except when all parties stipulate in writing with the approval of the court to the return of a special verdict. (b) A general verdict upon a plea of not guilty is either Aguilty@ or Anot guilty.@ A general verdict upon a plea of not gui…

The court shall give judgment upon the special verdict as the facts prove or fail to prove the defendant guilty of the offense charged in the indictment, information or complaint or of any other offense of which he could be convicted under that indictment, information or complain…

If the jury does not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, the court shall direct the jury to retire and return another special verdict. The court may explain to the jury the defect or insufficien…

Whenever the fact of a previous conviction of another offense is charged in an indictment, information or complaint, and the defendant is found guilty of the offense with which he is charged, the court shall, unless the answer of the defendant admits such previous conviction, fin…

When a defendant is charged with a crime which is distinguishable by degrees, the jury shall, upon a finding of guilt, also find the degree of the crime of which the defendant is guilty. If the jury agrees upon the guilt of the defendant but cannot agree upon the degree, it shall…

(a) The jury, or the judge if a jury trial is waived, may find the defendant guilty of any offense, the commission of which is included in that with which he is charged. (b) An offense is included under Subsection (a) when: (1) It is established by proof of the same or less than …

Trial as to Others. COL120106 VERDICT OR F INDING (a) On a charge against two or more defendants jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to the defendant in regard to whom they do agree, on which a judgment shall be entered accordi…

(a) When there is a verdict of conviction, in which it appears to the court that the jury has mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider its verdict, and if, after the reconsideration, they return the same verdict, it mus…

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 this issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. Bu…

When the verdict given is such as the court may receive, the clerk shall record it in full upon the minutes. NOTE: Section 105.74 is new. It is substantively the same as the first portion of § 1164 of the California Penal Code, and serves the same purpose for a jury trial as form…

In a case tried without a jury the court shall make a general finding and shall in addition on request find the facts specially. Such findings shall be entered upon the minutes. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear…