, 1854-05-20


bar to another Indictment for the offenc,
charged in the former or for any lower de
gree Of that offence, or for an offence ne.
ccssarily included therein.
See. l22 Upon an indictment for an Of
fence consisting Of different degrees, tie ju,
ry may find the defendant not guilty Of tie
degree charged in the indictment, and guilty
Of any degree inferior thereto, or of an at
tempt to commit the offence.
Sec. 1923 III all other cases, thr defend,
ant may be found guilty Of IN offence, the
commission Of which is necessarily included
within that with which he is charged in the
indictment
Sec. l2l On an indictment against sev,
.eral, if The jury cannot agree upon YER
dict Gs to all, they may render n verdict as
10 those in regard to whom they do agree,
on which Judgment shall be entered ac-
cordingly.
Sec. 1875. When there is 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 opin-
ion, and direct the jury to reconsider their
verdict aud if after such reconsideration
they return the same verdict, it must be en-
tered, but it shall be good cause for new
trial but where there is verdict Of ac-
quittdl, the court cannot require the jury TO
reconsider it.
See. 1926. When any person indicted ior
an offence shall on trial be acquitted by
the jury, by reason Of insanity, the jury i'll
giving their verdict Of not guilty, shall state
that it was given for such cause aud there
upon if the discharge or going at large Of
such insane person, shall be considered by
the court manfcStly dangerous to the
peace and safety Of the community, the
court may order Lin to be committed to
prison, or may give him into the care Of his
friends, if they shall give bonds with surety
to the satisfaction Of the court, conditioned
that he shall be well and securely kept, 9th
erwise he shall be discharged
Sec. l27 When the jury have agreed
upon their verdict, they must be conducted
into court by the officer having them in
charge Their names must be then called,
and if all appear, their verdict must be rem
dered in open court if all do not appear,
the rest must he discharged without giving
a verdict, and the cause must be tried
again at the same or next term
Sec l2S. When the defendant is found
guilty the jury must state in their verdict
the amount of fine, and the punishment to
be inflicted
Sec. l29. When the defendant is found
guilty the court shall render judgment ac-
cordingly, and the defendant shall be liable
for all costs, unless the court or jury trying
the cause expressly find otherwise.
OF NEW TRIALS AND ARREST OF JUDGMENT.
Sec. 1870. An application for new trial
must be made before judgment, and may be
granted for the following causes:
LIST. When the jury has received any ev-
idencc, paper, document or book not al
lowed by the court, to the prejudice Of the
substantial rights Of the defendant
I'd. Misconduct of the jury.
Sd. For newly discovered evidence ma
terial for the defendant, which he could not
have discovered with reasonable diligence
and produced at the trial.
4th. Accident or surprise.
9th. Admission of illegal testimony aud
misdirection of the jury by the court in a
material matter Of law excepted TO at the
time.
9th. When the verdict is contrary to law
and evidence, but not more than two new
trials shall be granted for these causes
alone.
Sec. 1871 When the application is made
for cause mentioned in the first, second,
third and fourth Subdivision OF the prece-
ding sections, the facts Oh which it is based
shall be set out in an affidavit.
See. 1872. Judgment may be arrested on
the motion of the defendant, for the follow.
ing causes;
LIST. No legal authority in the grand jury
to inquire into the offence charged, by rea.
son OF its not being within the jurisdiction
Of the court.
Cd That the facts as stated in the in.
dictment, do not constitute u crime or mis-
demeanor.
Sec 1873 The court may also on itt
views of any of these defects, arrest tht
Judgment without motion. s.
Sec. IS4. When judgment is arrested ii
any case, and there is reasonable grounC
to believe that the defendant can be con
victed of an offence properly charged, the
court may order the defendant to be recon
mitted, or admitted to bail anew, to answer
new indictment.
OF EXCEPTIONS.
Sec. 1856. Exceptions may be taken By
the defendant, as in civil cases, on any mat
ter of law by which his substantial right
are prejudiced.
OF JUDGMENTS AND EXECUTIONS.
Sec. l3G. After verdict of guilty, or find
ing of the court against the defendant, j
the Judgment be not arrested, or a new
trial granted, the, court must pronounc'
judgment.
See. 1877. For the purpose Of judgment