Page:Revised Codes of the State of North Dakota 1895.pdf/1472

§§ 8241-8246 § 8241. When new trial must be ordered. If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find the evidence of facts merely, and not the conclusions of fact from the evidence, as established to their satisfaction, the court must order a new trial.

§ 8242. Degree must be found. Whenever a crime is distinguished into degrees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty. Whenever a verdict of guilty is rendered against the accused upon a prosecution for homicide, the jury must find the degree thereof and determine by their verdict the punishment to be inflicted within the limits prescribed by law.

§ 8243. Finding on charge of previous conviction. Whenever the fact of a previous conviction of another offense is charged in the information or indictment, the jury if they find a verdict of guilty of the offense with which the defendant is charged, must also, unless the answer of defendant admits the charge, find whether or not he has suffered such previous conviction. In addition to the verdict of "guilty" the verdict of the jury upon a charge of previous conviction may be "we also find the charge of previous conviction true," or "we also find the charge of previous conviction not true," as they find that the defendant has or has not suffered such conviction.

§ 8244. Any degree may be found. The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the information or indictment or of an attempt to commit the offense.

§ 8245. Several defendants. Part convicted. On an information or an indictment against several, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury.

§ 8246. Verdict returned. Duty of court. Punishment. If the jury return a verdict of guilty against the accused, the court must before it is accepted ascertain whether it conforms to the law of the case. If in the opinion of the court, the verdict does not conform to the requirements of the law of the case, the court must with proper instructions as to the error, direct the jury to reconsider the verdict, and the verdict cannot be accepted or recorded until it is rendered in proper form. But, if the punishment imposed by the jury in the verdict, in cases where the jury are authorized by law to determine the punishment, is not in conformity to the law of the case in that regard, the court may proceed as follows:

1. If the punishment imposed by the jury in the verdict is under the limit prescribed by law, for the offense of which the defendant is found guilty, the court may receive the verdict and thereupon render judgment and pronounce sentence for the lowest limit prescribed by law in such cases; or,

2. If the punishment imposed by the jury in the verdict is greater than the highest limit prescribed by law, for the offense of which the defendant is found guilty, the court must disregard the excess and render judgment and pronounce sentence according to the highest limit prescribed by law in the particular case.

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