(a) (1) When any circuit court is duly convened for a regular term, the court shall remain open for all criminal proceedings until its next regular term and may be in session at any time the judge thereof may deem necessary. However, no session shall interfere with any other court to be held by the […]
(a) When two (2) or more defendants are jointly indicted for a misdemeanor, they may be tried jointly or separately in the discretion of the court. (b) No trial on an indictment against two (2) or more defendants shall be delayed because some of the defendants have not been arrested. Those arrested or in custody […]
(a) (1) If the indictment is for a felony, the defendant must be present during the trial. (2) (A) (i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or […]
During the trial of an indictment for felony, when the defendant is on bail, he or she may remain on bail or be committed to and remain in the custody of the proper officer, as the court may direct.
(a) (1) Issues of law shall be tried by the court. (2) An issue of law arises on a demurrer to the indictment. (3) All questions of law arising during the trial shall be decided by the court, and the jury shall be bound to take the decisions of the court on points of law […]
(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 […]
When a jury of twelve (12) qualified jurors shall have been duly impaneled, they shall be sworn substantially as follows: “You, and each of you, do solemnly swear, that you will well and truly try the case of the State of Arkansas against A. B., and a true verdict render, unless discharged by the court […]
(a) The prosecuting attorney may then: (1) Read the indictment to the jury; (2) State the defendant’s plea to the indictment and the punishment prescribed by law for the offense; and (3) Make a brief statement of the evidence on which the state relies. (b) The defendant or his or her counsel may then make […]
(a) The state shall first offer the evidence in support of an indictment or information. (b) The defendant or his or her counsel shall then offer the defendant’s evidence in support of his or her defense. (c) The parties may then respectively offer rebutting evidence only, unless the court for good reason, in furtherance of […]
(a) In trials for treason, no evidence shall be given of an overt act that is not expressly laid in the indictment, and no conviction shall be had unless one (1) or more overt acts are alleged therein. (b) In trials of indictments for conspiracy, in cases where an overt act is required by law […]
(a) In all cases where, by law, two (2) witnesses, or one (1) witness with corroborating circumstances are requisite to warrant a conviction, the court shall instruct the jury to render a verdict of acquittal if the requisition is not fulfilled, by which instruction they are bound. (b) (1) Where two (2) or more persons […]
Upon motion of either party, the court by its order and process may compel the production of any written document or any other thing which may be necessary or proper to be produced or exhibited as evidence on trial and may punish a disobedience of its orders or process as in case of witnesses refusing […]
(a) In any criminal prosecution brought by the State of Arkansas, no statement or report in the possession of the state which was made by a state witness or prospective state witness, other than the defendant, to an agent of the state shall be subject to subpoena, discovery, or inspection until the witness has testified […]
(a) Upon motion of a defendant, the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph any relevant: (1) Written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody, or control of the state, the existence of which is known or […]
In no trial of any misdemeanor in circuit court shall the fees of more than five (5) witnesses be taxed against any county or the state unless their materiality and importance are first affirmed and certified to, under oath, by the attorney at whose instance the additional witnesses are subpoenaed.
(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 […]
(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 […]
(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 […]
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).
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.
