Title 19 — CRIMINAL PROCEDURE

19-2005. Challenge to panel — Grounds. A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one (1) or more of the …

19-2006. Challenge to panel — When and how taken. A challenge to the panel must be taken before a juror is sworn, and must be in writing, and must plainly and distinctly state the facts constituting the ground of challenge.

19-2007. Exception to challenge. If the sufficiency of the facts alleged as ground of the challenge is denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered on the minutes of the court, and thereupon the court must procee…

19-2008. Overruling or allowance of exception. If, on the exception, the court finds the challenge sufficient, it may, if justice require it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception is allowed the cour…

19-2009. Denial of challenge — Trial. If the challenge is denied, the denial may be oral, and must be entered on the minutes of the court, and the court must proceed to try the question of fact; and upon such trial, the officers, whether judicial or ministerial, whose irregularit…

19-2010. Challenge for bias of officers. When the panel is formed, or in part formed, from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juro…

19-2011. Discharge of jury on sustaining challenge. If, either upon an exception to the challenge or a denial of the facts, the challenge is allowed, the court must discharge the jury, so far as the trial of the indictment in question is concerned. If it is disallowed, the court …

19-2012. Instruction as to right of challenge. Before a juror is called the defendant must be informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so before the jury is sworn.

19-2013. Challenge to individual juror — Kinds. A challenge to an individual juror is either: 1. For cause; or, 2. Peremptory.

19-2014. Time for challenge. It must be taken before the jury is sworn to try the cause.

19-2015. Peremptory challenge defined. A peremptory challenge can be taken by either party and may be oral. It is an objection to a juror for which no reason need be given, but upon which the court must exclude him.

19-2016. Number of peremptory challenges. If the offense charged is punishable with death or with imprisonment in the state prison for life, the defendant is entitled to ten (10) and the state to ten (10) peremptory challenges. On a trial for any other offense the defendant is en…

19-2017. Challenge for cause defined. A challenge for cause may be taken by either party. It is an objection to a particular juror, and is either: 1. General–That the juror is disqualified from serving in any case; or, 2. Particular–That he is disqualified from serving in the act…

19-2018. General causes of challenge. General causes of challenge are: 1. A conviction of felony. 2. A want of any of the qualifications prescribed by law to render a person a competent juror. 3. Unsoundness of mind, or such defect in the faculties of the mind or organs of the bo…

19-2019. Particular causes of challenge. Particular causes of challenge are of two kinds: 1. For such a bias as, when the existence of the fact is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias. 2. For the existence of a st…

19-2020. Grounds of challenge for implied bias. A challenge for implied bias may be taken for all or any of the following causes and for no other: 1. Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complai…

19-2021. Exemption not ground for challenge. An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted.

19-2022. Challenge for bias — How stated. In a challenge for implied bias, one or more of the legal causes must be alleged. In a challenge for actual bias, it must be alleged that the juror is biased against the party challenged. In either case the challenge may be oral, but must…

19-2023. Exceptions to challenge. The adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings must be had thereon. The adverse party may also orally deny the facts alleged as the ground of challenge.

19-2024. Trial of challenge. If the facts are denied the challenge must be tried by the court.

19-2025. Examination of challenged juror. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge, and must answer every question pertinent to the inquiry.

19-2026. Examination of witnesses. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge.

19-2027. Disposition of challenge for bias. On the trial of a challenge for either implied or actual bias, the court must determine the law and the fact, and must either allow or disallow the challenge, and direct an entry accordingly upon the minutes.

19-2028. Exhaustion of challenges for cause. All challenges to an individual juror, except peremptory, must be taken, first by the people, and then by the defendant, and each party must exhaust all his challenges for cause before the other begins.

19-2029. Order of challenges for cause. The challenges of either party for cause need not all be taken at once, but they must be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class: 1. To the panel. 2. To a…

19-2030. Alteration of peremptory challenges. After the jury is passed for cause, both parties alternately, beginning with the people, may take their peremptory challenges. But no challenge is lost by failure to alternate if the panel is opened by the other party; and each party …

19-2101. Order of trial. The jury having been impaneled and sworn, the trial must proceed in the following order: 1. If the indictment is for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.…

19-2102. When order may be departed from. When the state of the pleadings requires it, or in any other case for good reasons, and in the sound discretion of the court, the order prescribed in the last section may be departed from.

19-2103. Argument to jury. If the indictment is for an offense punishable with death, two (2) counsel on each side may argue the cause to the jury. If it is for any other offense, the court may, in its discretion, restrict the argument to one (1) counsel on each side.

19-2104. Presumption of innocence — Reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal.

19-2105. Doubt as to degree of crime. When it appears that the defendant has committed a public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of such degrees only.

19-2106. Trial of joint defendants. When two (2) or more defendants are jointly indicted or informed against for a felony or for any criminal offense, the defendants may be tried separately or jointly, in the discretion of the court.

19-2107. Discharge of codefendant for use as witness. When two (2) or more persons are included in the same indictment, the court may, at any time before the defendants have gone into their defense, on the application of the prosecuting attorney, direct any defendant to be discha…

19-2108. Discharge of defendant to testify for codefendants. When two (2) or more persons are included in the same indictment, and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it must order him to be …

19-2109. Discharge equivalent to acquittal. The order mentioned in the last two (2) sections is an acquittal of the defendant discharged, and is a bar to another prosecution for the same offense.

19-2110. Rules of evidence. The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this code.

19-2111. Conspiracy — Sufficiency of evidence. Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one (1) or more overt acts are expressly alleged in the indictment, nor unless one (1) of the …

19-2113. Bigamy — Proof of marriage. Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases; and …

19-2114. Forging bank bills — Proof of incorporation — Expert witnesses. Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, or for passing or attempting to pass, or having in his possession, with intent to pass, any suc…

19-2115. Abortion and abduction — Corroborating testimony. Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of eighteen (18)…

19-2116. False pretense — Sufficiency of evidence. Upon a trial for having with intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person, any money, personal property, or…

19-2117. Testimony of accomplice — Corroboration. A conviction cannot be had on the testimony of an accomplice, unless he is corroborated by other evidence, which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission…

19-2118. Discharge of jury for want of jurisdiction, or insufficiency of indictment. The court may direct the jury to be discharged where it appears that it has not jurisdiction of the offense, or that the facts charged in the indictment do not constitute an offense punishable by…

19-2119. Discharge of jury for want of jurisdiction — Offense committed out of state. If the jury is discharged because the court has not jurisdiction of the offense charged in the indictment, and it appears that it was committed out of the jurisdiction of this state, the defenda…

19-2120. Offense committed in another county. If the offense was committed within the exclusive jurisdiction of another county of this state, the court must direct the defendant to be committed for such time as it deems reasonable, to await a warrant from the proper county for hi…

19-2121. Procedure if defendant not arrested — Procedure if defendant arrested. If the defendant is not arrested on a warrant from the proper county, as provided in the last section, he must be discharged from custody, or his bail in the action exonerated, or money deposited inst…

19-2122. Procedure upon discharge of jury for insufficiency of indictment. If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody, be discharged; or if admitted to bail, that hi…

19-2123. Advisory instruction to acquit. If, at any time after the evidence on either side is closed, the court deems it insufficient to warrant a conviction, it must advise the jury to acquit the defendant. But the jury are not bound by the advice.

19-2124. View of premises by jury. When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, in the cus…

19-2125. Disclosure of facts known by juror. If a juror has any personal knowledge respecting a fact in controversy in a cause, he must declare the same in open court during the trial. If, during the retirement of the jury, a juror declares a fact which could be evidence in the c…