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

verdict the court may adjourn from
time to time as to other business but
shall be open for every purpose con-
nected with the cause until the
jurors are discharged from the cause.
Sec. 224. Return of Jurors-Man-
ner of Declaring the Verdict-Re-
ceiving and Recording. When the
Jurors have agreed upon a verdict
they shall be conducted into the
court room by the officer having
them in charge. Their names shall
be called by the clerk and when all
jurors respond to their names the
judge shall ask them if an agree
ment has been reached on verdict.
If the foreman answers in the affir-
to deliver the verdict in writing to
the clerk The Court may then ex-
anime the verdict and correct it as
to matters of form with the unani-
nous consent of the jurors The
clerk shall then read the verdict to
the jurors and unless disagreement
iS expressed by one or more of them
or the jury be polled, the verdict
shall be entered of record. and the
jurors discharged from the. cause.
No verdict may be rendered in any
criminal case unless all of the petit
Jurors concur in it.
Sec. 225. Polling the Jury. Upon
the motion of either the State of the
defendant or of its own motion, the
court shall cause the jurors to be
asked severallY if the verdict rem
dered is their verdict. If a juror
dissents. the court must direct them
sent back for the further considera-
ton and if there be no dissent the
verdict shall be entered of record
and the jurors discharged. Provided,
however. that no jury shall be polled
after a verdict directed by the court
and no motion to poll the jury be
entertained after the jury is dis
charged or the verdict recorded.
Sec. 226. Acquitted for Cause of
insanity. When a person tried for
an offense shall be acquitted by the
jury for the cause of insanity, the
jury, in giving their verdict of not
guilty, shall state that it was given
for such cause, and thereupon, if
the discharge or going at large of
such insane person shall be consid-
cred by the court manifestly dan
gerous to the peace and safety of the
people. the court shall order him to
be committed to Jail or otherwise to
be cared for as an insane person,
or may give him into the care of
his friends. on their giving salts
factory security for the proper care
and protection of such person; 9TH
erwise he shall be discharged.
Sec. 227. Sealed Verdict-Pro-
ceedings on. THAT court may. with
the consent of the prosecuting attor-
ney and the defendant, direct the
jurors that if they should agree upon
a verdict during a temporary ad-
iournment of the court, the foreman
and each juror shall sign the same,
and such verdict shall be sealed in
an envelope and delivered to the Off
Ger having charge of the jury, after
which the jury may separate until
the next converting of the court, at
which time they shall reassemble
at the earliest possible moment, de-
liver the sealed verdict to the clerk.
When the jurors have reassembled
in open court. the envelope shall be
opened by the judge or clerk and
the same proceedings shall be had
as in the receiving of other verdicts,
with the exception that the verdict
having been signed by each juror
there shall be no further necessity
of polling the jury
Sec. 228. Sealed Verdict-Admon-
ition to Jurors. When the court au-
thorizes the rendition of a sealed
verdict it shall admonish the jurors
not to make any disclosure concern
ing it nor to speak with other per-
sons concerning the cause until their
verdict shall have been rendered in
open court.
Sec. 229. Determination of Degree
of Offense. If the indictment or
information charges in offense which
cifying the degree, the jurors may
find the defendant guilty of any de-
gree of the offense charged; if the
indictment or information charges
a particular degree the jurors may
find the defendant guilty of the de-
gree charged or of any lessor de-
gree. The court shall in all such
cases charge the jury as to the de-
greeS of the offense.
Sec. 230. Verdict of Guilty Where
More than one County. If different
offenses are charged in the indict-
ment or information the jurors shall,
if they convict the defendant, make
it appear by their verdict on which
counts. if the indictment or informa-
ton is divided into counts, or of
which offenses they find him guilty.
Sec. 231. Conviction of Attempt
Conviction of Included Offense. Up
on an indictment or information for
any offense the jurors may con-
vict the defendant of an attempt to
commit such offense, If such attempt
is an offense. or convict him of any
offense which is necessarily included
in the offense charged. The court
shall charge the jury in this regard.
Sec. 232. Verdict in the Case of
Joint Defendants. On the trial of
two or more defendants jointly the
jurors may render a verdict as to
such defendant in regard to whom
the jurors agree.
Sec. 233. Reconsideration of Ambi-
guous or Defective Verdict If YER
dict is so defective that the court
cannot determine from it whether
the jurors intended to acquit the de-
PENDANT or to convict him of the Of
Tense for which judgment could be
entered under the indictment or in
formation. or cannot determine from
it on what count or counts the jur-
ors intended to acquit or convict the
defendant. the court shall, with
proper instructions, direct the jurors
to reconsider the verdict. and the
verdict shall not be received until
it shall clearly appear therefrom
whether the jurors intended to con-
Wet or acquit the defendant and
on what count or counts they in
less htey persist in rendering such
defective verdict, in which case the
verdict shall be received and entered
of record as rendered.
Sec. 234 Verdict Rendered and Ad-
ditional Instructions Given on Any
Day A verdict may be rendered
and additional or corrective instruc-
tionss give on any. day including
Sunday or any legal holiday.
Sec. 235. Disposition of Defendant
If a verdict of guilty is rendered
the defendant shall. if in custody, be
remanded; if he is at large on bail
he may be taken into custody and
committed to the proper official, or
remain at liberty on the same or ad-
dition bail as the court may direct.
Sec. 236. Discharge of Jurors. At
ter the jurors have retired to con-
slider their verdict the court shall
discharge them from the cause when