The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07

courtroom without unnecessary de-
lay. or at a specified time. The
trial Judge and defendant shall be
present. unless defendant absents
himself without permission of the
court, and the prosecuting attor.
ney and counsel for the defendant
may be present at the view of the
jury.
Sec. 211. Separation and Detention
of JurorS-Admonitio by Court
The court in it's discretion may di.
rect that the jurors, when they leave
the jury box at any time before the
cause is finally submitted to them
be permitted to separate or be kept
together in charge of proper officer
In either event the court shall ad-
monish them that it is their duty
not to converse among themselves
or with any one else, on any sub
iect connected with the trial, or tC
form or express any opinion there
on until the cause is finally sub
mitted to them. If the court permits
admonish the jurors not to view the
place where the offense appears to
have been committed.
Sec. PIP. Admonition to Officer in
Charge of Jurors. If the jurors are
committed to the charge of an officer
he shall be admonished by the court
to keep the jurors together in the
place specified by the court and not
to permit any person to speak to OF
otherwise communicate with them
on any subject except with the per-
mission of the court, given in open
court, in the presence of the defen-
dant or his counsel. Such officer
shall not communicate with the jur-
ors on any subject connected with
the trial. and under the direction
of the court. shall return the jurors
to court when ordered so to do
Sec. 213. Directing Acquittal of
Defendant. % If. at the close of the
evidence for the state or at the close
of all the evidence in the cause, the
court is of the opinion that the evil
dence is insufficient to warrant a
conviction. it may and on the mo-
ton of the prosecuting attorney or
the defendant. shall, direct the jury
to acquit the defendant
(2) A motion for directed verdict
is not waived by subsequent intro
ductiOn of evidence on behalf of de-
PENDANT but after introduction OF
evidence by defendant, the motion
for directed verdict must be renew
ed at the close of all the evidence
Such motion must fully set forth the
grounds upon which it is based.
Sec. PA. Accused May Make Him
self Witness. In all criminal pros
ecutions the accused may at his op-
ton. be sworn as a witness in his
own behalf. and shall in such case
be subject to examination as other
witnesses. but no accused person
shall be compelled to give testimony
against himself. nor shall any prose
cutting attorney be permitted before
the jury or court to comment on the
failure of the accused to testify in
his own behalf. and a defendant of.
fering no testimony in his own be-
half, except his own, shall be en-.
titled to the concluding argument
before the jury.
Sec. 215. Charge to Jury. ID The
presiding judge shall charge the jury
only upon the law of the case at the
conclusion of the argument of coun.
sell
(2) Every charge to a jury shall
be orally delivered, and charges in
capital cases shall also be in writ
ing. Charges in other than capital
cases shall be taken by the court
reporter and transcribed by him and
filed in the cause.
90 At the close of the evidence, OF
at such earlier time during the trial
as JIlC COQI ICdOOIldOly OIIcCIoy Oily
party may file written requests that
the court instruct the jury on the
law as set forth in the requests. The
court shall inform a counsel of its
proposed action upon the requests
prior to their arguments to the jury
(4) No party may assign as error
or grounds of appeal, the giving OF
the failure to give instruction, un.
less he objects thereto before the
jury retires to consider it's verdict
stating distinctly the matter to which
he objects. and the grounds of his
objection. Opportunity shall be
the hearing of the jury.
CHAPTER 10. Conduct of Jury.
Sec. ZIG. Regulation of. Jury. Ca
they shall sit together and hear the
proofs and allegations in the case
which shall be delivered in public
in the presence of the accused; anC
after hearing such proofs and ale.
cations the jury shall be kept to.
gether in some convenient place I'm.
til they agree upon a verdict or are
discharged by the court. and the
sheriff or a bailiff shall be sworr
to take charge of the jury.
OBJ After the cause has been fully
the place provided for them and con
slider their verdict. When the court
directs a verdict of acquittal the
jurors shall declare their verdict ir
open court by having one of then
numbers sign, as foreman, a verdicI
prepared by the clerk of the court ir
accordance with the courts inStruc.
ton.
(c) The sheriff when required by
order of the court shall provide
juries with meals and lodging, the
expenses to be taxed against ant
paid by the State.
Sec. PIT. Separation of Jurors
After Submission of Cause. Unless
the jurors have been kept together
during the trial the court may. ir
its discretion, after the final submiS-
sion of the cause, order that the
jurors may separate for a definite
time to be fixed by the court anC
then reconvene in the courtroom
before retiring for consideration OF
their verdict.
Sec. 21S. Selection of a Foreman
The court shall instruct the jurors
to select one of their number fore.
man. or the court may appoint one
of the jurors foreman provided such
appointment be made by the court
before any testimony is taken in the
cause.
Sec. 219. What Jurors May Have
With Them. Upon retiring for de-
liberation the jurors may, if the
court permits, take or later have
sent to them
(a) Forms of verdict approved to
court. after being first submitted
to counsel.
CD Any written instructions given
but if any such instruction is taken
or sent all the instructions shall be
taken or sent.
Co All things received in evidence
other than dispositions. If the thing
received in evidence is a public rec
ord or a private document which in
the opinion of the court, ought not
to be taken from the person having
it in custody, a copy shall be taken
or sent instead of the original.
Sec. go. Jurors May Return Into