§ 16-89-128. Polling of jury members
Upon a verdict’s being rendered, the jury may be polled at the instance of either party, which consists of the clerk or judge asking each juror if it is his or her verdict. If one (1) answers in the negative, the verdict cannot be received.
§ 16-89-129. Final adjournment
A final adjournment of the court discharges a jury.
§ 16-89-130. New trial
(a) A new trial is the reexamination of an issue of fact in the same court by another jury after a verdict has been given. (b) The application for a new trial must be made at the same term at which the verdict is rendered, unless the judgment is postponed to another term, in which […]
§ 16-89-118. Conduct of jury
(a) (1) In the discretion of the court, the jurors may be permitted to separate or be kept together in the charge of proper officers before the case is submitted to them. The officers must be sworn to keep the jury together during the adjournment of the court and to suffer no person to speak […]
§ 16-89-119. Lack of jurisdiction
(a) If, during the trial, it shall appear that the offense was committed out of the jurisdiction of the court, but within the jurisdiction of some other court of this state, the court shall stop the trial, discharge the jury, and take the proceedings in the case as directed in § 16-85-708. (b) If it […]
§ 16-89-120. Proof of higher offense
(a) If, during the trial, the court shall be of the opinion that the facts proved constitute an offense of a higher nature than that charged in the indictment, it may direct the jury to be discharged and all proceedings to be suspended until the case can be resubmitted to a grand jury and may […]
§ 16-89-121. Facts charged do not constitute offense
If, during the trial, the court is of the opinion that the facts charged in the indictment do not constitute an offense punishable by law, it shall order the jury to be discharged and the indictment to be quashed, and thereupon take the proceedings directed in § 16-89-113(b).
§ 16-89-122. Dismissal of indictment
The prosecuting attorney, with the permission of the court, may at any time before the case is finally submitted to the jury dismiss the indictment as to all or a part of the defendants and the dismissal shall not bar a future prosecution for the same offense.
§ 16-89-123. Order of final arguments
(a) If the case is not submitted without argument, the party having the burden of proof shall have the opening and conclusion of the argument. If, upon the demand of the adverse party, the attorney prosecuting for the state or the attorney for the defense shall refuse to openly and fully state the grounds on […]
§ 16-89-108. Waivers of trial by jury and death penalty
(a) In all criminal cases, except where a sentence of death may be imposed, trial by a jury may be waived by the defendant, provided the prosecuting attorney gives his or her assent to the waiver. The waiver and the assent thereto shall be made in open court and entered of record. In the event […]