77-17-1. Doubt as to degree — Conviction only on lowest. When it appears the defendant has committed a public offense and there is reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the lower degree. Enacted by Chapter 15, 1980 General Session
77-17-10. Court to determine law; the jury, the facts. (1) In a jury trial, questions of law are to be determined by the court, questions of fact by the jury. (2) The jury may find a general verdict which includes questions of law as well as fact but they are bound to follow the law […]
77-17-11. Jury to retire for deliberation — Oath of officer having custody. After hearing the court’s instructions and arguments of counsel, the jury shall retire for deliberation. An officer shall be sworn to keep them together in some private and convenient place and not permit any person to speak to or communicate with them or […]
77-17-12. Defendant on bail appearing for trial may be committed. When a defendant who has given bail appears for trial, the court may, at any time after his appearance for trial, order him to be committed to the custody of the proper officer to await the judgment or further order of the court. Enacted by […]
77-17-13. Expert testimony generally — Notice requirements. (1) (a) If the prosecution or the defense intends to call any expert to testify in a felony case at trial or any hearing, excluding a preliminary hearing held pursuant to Rule 7 of the Utah Rules of Criminal Procedure, the party intending to call the expert shall […]
77-17-2. Discharging one of several defendants — To testify for state. When two or more persons are included in the same charge, the court may at any time, on the application of the prosecuting attorney, direct any defendant to be discharged or his case severed so that he may be a witness for the prosecution. […]
77-17-3. Discharge for insufficient evidence. When it appears to the court that there is not sufficient evidence to put a defendant to his defense, it shall forthwith order him discharged. Enacted by Chapter 15, 1980 General Session
77-17-4. Conspiracy — Pleading — Evidence — Proof necessary. On a trial for conspiracy in a case where an overt act is necessary to constitute the offense, the defendant shall not be convicted unless one or more overt acts are expressly alleged in the information or indictment, and unless one of the acts alleged has […]
77-17-5. Proof of corporate existence or powers generally. In a criminal case the existence, constitution or powers of any corporation may be proved by general reputation, or by the printed statutes of the state, government or country by which this corporation was created. Enacted by Chapter 15, 1980 General Session
77-17-6. Lottery tickets — Evidence. (1) On a trial for violation of any of the lottery provisions of the Utah Criminal Code, it is not necessary to prove: (a) The existence of any lottery in which any lottery tickets shall purport to have been issued; (b) The actual signing of any ticket or share, or […]
77-17-7. Conviction on testimony of accomplice — Instruction to jury. (1) A conviction may be had on the uncorroborated testimony of an accomplice. (2) In the discretion of the court, an instruction to the jury may be given to the effect that such uncorroborated testimony should be viewed with caution, and such an instruction shall […]
Effective 11/16/2021 77-17-8. Mistake in charging offense — Procedure — Witnesses. (1) If, at any time before verdict or judgment, a mistake is made in charging the proper offense, and there is probable cause to believe that the defendant is chargeable with another offense, the court may: (a) release the individual on the individual’s own […]
77-17-9. Separation or sequestration of jurors — Oath of officer having custody. (1) The court, at any time before the submission of the case to the jury, may permit the jury to separate or order that it be sequestered in charge of a proper officer. (2) If the jury is sequestered the officer shall be […]
