320.10 – Non-Jury Trial; When Authorized.
§ 320.10 Non-jury trial; when authorized. 1. Except where the indictment charges the crime of murder in the first degree, the defendant, subject to the provisions of subdivision two, may at any time before trial waive a jury trial and consent to a trial without a jury in the superior court in which the indictment […]
320.20 – Non-Jury Trial; Nature and Conduct Thereof.
§ 320.20 Non-jury trial; nature and conduct thereof. 1. A non-jury trial of an indictment must be conducted by one judge of the superior court in which the indictment is pending. 2. The court, in addition to determining all questions of law, is the execlusive trier of all issues of fact and must render a […]
330.10 – Disposition of Defendant After Verdict of Acquittal.
§ 330.10 Disposition of defendant after verdict of acquittal. 1. Upon a verdict of complete acquittal, the court must immediately discharge the defendant if he is in the custody of the sheriff, or, if he is at liberty on bail, it must exonerate the bail. 2. Upon a verdict of not responsible by reason of […]
330.20 – Procedure Following Verdict or Plea of Not Responsible by Reason of Mental Disease or Defect.
§ 330.20 Procedure following verdict or plea of not responsible by reason of mental disease or defect. 1. Definition of terms. As used in this section, the following terms shall have the following meanings: (a) “Commissioner” means the state commissioner of mental health or the state commissioner of the office for people with developmental disabilities. […]
300.30 – Court’s Charge; Submission of Indictment to Jury; Definitions of Terms.
§ 300.30 Court’s charge; submission of indictment to jury; definitions of terms. The following definitions are applicable to this article: 1. “Submission of a count” of an indictment means submission of the offense charged therein, or of a lesser included offense, or submission in the alternative of both the offense charged and a lesser included […]
300.40 – Court’s Charge; Submission of Indictment to Jury; Counts to Be Submitted.
§ 300.40 Court’s charge; submission of indictment to jury; counts to be submitted. The court may submit to the jury only those counts of an indictment remaining therein at the time of its charge which are supported by legally sufficient trial evidence, and every count not so supported should be dismissed by a trial order […]
300.50 – Court’s Charge; Submission of Lesser Included Offenses.
§ 300.50 Court’s charge; submission of lesser included offenses. 1. In submitting a count of an indictment to the jury, the court in its discretion may, in addition to submitting the greatest offense which it is required to submit, submit in the alternative any lesser included offense if there is a reasonable view of the […]
310.10 – Jury Deliberation; Requirement Of; Where Conducted.
§ 310.10 Jury deliberation; requirement of; where conducted. 1. Following the court’s charge, except as otherwise provided by subdivision two of this section, the jury must retire to deliberate upon its verdict in a place outside the courtroom. It must be provided with suitable accommodations therefor and must, except as otherwise provided in subdivision two […]
310.20 – Jury Deliberation; Use of Exhibits and Other Material.
§ 310.20 Jury deliberation; use of exhibits and other material. Upon retiring to deliberate, the jurors may take with them: 1. Any exhibits received in evidence at the trial which the court, after according the parties an opportunity to be heard upon the matter, in its discretion permits them to take; 2. A written list […]
310.30 – Jury Deliberation; Request for Information.
§ 310.30 Jury deliberation; request for information. At any time during its deliberation, the jury may request the court for further instruction or information with respect to the law, with respect to the content or substance of any trial evidence, or with respect to any other matter pertinent to the jury’s consideration of the case. […]