Page:Revised Codes of the State of North Dakota 1895.pdf/1470

§§ 8224-8231 § 8224. What papers jury may take. Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the cause, 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 person having them in possession. They may also take with them such parts of the written instructions as the court may direct and notes of the testimony, or other proceedings on the trial, taken by themselves, or any of them, but none taken by any other person.

§ 8226. Disagreement. Further instructions. After the jury have retired for deliberation, if there is a disagreement between them as to any part of the testimony, or if they desire to be informed on a point of law arising in the cause, they must require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of, or after notice to the state's attorney and the defendant or his counsel, or after they have been called.

§ 8226. Juror sick, jury discharged. If, after the retirement of the jury, one of them becomes so sick as to prevent the continuance of his duty, or any other accident or cause occurs to prevent their being kept together for deliberation, the jury may be discharged.

§ 8227. Disagreement, jury discharged. Except as provided in the last section, 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, unless by the consent of both parties entered upon the minutes, or unless at the expiration of such time as the court deems proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.

§ 8228. Verdict prevented, cause retried. In all cases when a jury is discharge or prevented from giving a verdict, by reason of an accident or other cause, except when the defendant is discharged from the information or indictment during the progress of the trial, or after the cause is submitted to them, the cause may be again tried at the same or another term, as the court may direct.

§ 8229. Adjournment during absence of jury. While the jury are absent the court may adjourn from time to time as to other business, but it is nevertheless deemed open for every purpose connected with the cause submitted to them, until a verdict is rendered or the jury discharged. A final adjournment of the court discharges the jury.

ARTICLE 4.- THE VERDICT.

§ 8230. Return of verdict. When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that case the cause must be again tried, at the same or another term.

§ 8231. Presence of defendant. Felony. Misdemeanor. If the information or indictment is for a felony, the defendant must, before the verdict is received, appear in person. If it is for a misdemeanor, the verlict may, in the discretion of the court, he rendered in his absence.

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