case as to the others may be tried by another jury. En. February 14, 1872. Am'd. 1880, 25. Cal. Rep. Cit. 67, 413. Crim. Prac. Act, sec. 425. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1161. Court may airect a reconsideration of the verdict. When there is a verdict of conviction, in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion, and direct the jury to reconsider their verdict, and if, after the reconsideration, they return the same verdict, it must be entered; but when there is a verdict of acquittal, the court cannot require the jury to reconsider it. If the jury render a verdict which is neither general nor special, the court may direct them to reconsider it, and it cannot be recorded until it is rendered in some form from which it can be clearly understood that the intent of the jury is either to render a general verdict or to find the facts specially and to leave the judgment to the court. En. February 14, 1872. Cal. Rep. Cit. 48, 559; 68, 180; 68, 181; 118, 448. Crim. Prac. Act, sec. 426. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 427.. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 31, 454. § 1162. When judgment may be given on informal verdict. If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict. En. February 14, 1872. Cal. Rep. Cit. 68, 180; 135, 62; 135, 63. Crim. Prac. Act, sec. 428. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1163. Polling the jury. When a verdict is rendered, and before it is recorded, the jury may be polled at the request of either party, in which case they must be severally asked whether it is their verdict, and if any one answer in the negative, the jury must be sent out for further deliberation. En. February 14, 1872. Cal Rep. Cit. 57, 101; 62, 520. Crim. Prac. Act, sec. 429. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1164. Recording the verdict. When the verdict given is such as the court may receive, the clerk must immediately record it in full upon the minutes, read it to the jury, and inquire of them whether it is their verdict. If any juror disagree, the fact must be entered upon the minutes and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury must be discharged from the case. En. February 14, 1872. Cal. Rep. Cit. 57, 98; 57, 101. Crim. Prac. Act, sec. 430. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1165. Defendant, when to be discharged. If judgment of acquittal is given on a general verdict, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given, except where the acquittal is because of a variance between the pleading and proof, which may be obviated by a new indictment or information, the court may order his detention, to the end that a new indictment or information may be preferred, in the same manner and with like effect as provided in section one thousand one hundred and seventeen. En. February 14, 1872. Am'd. 1880, 25. Cal. Rep. Cit. 61, 140; 64, 263; 70, 65; 79, 179; 79, 181; 91, 643; 118, 27. Crim. Prac. Act, sec. 431. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 38, 476. Jeopardy: See ante, sec. 687. § 1166. Proceedings upon conviction or special verdict. If a general verdict is rendered against the defendant, or a special verdict is given, he must be remanded, if in custody, or if on bail he may be committed to the proper officer of the county to await the judgment of the court upon the verdict. When committed, his bail is exonerated, or if money is deposited instead of bail, it must be refunded to the defendant. En. February 14, 1872. Cal. Rep. Cit. 68, 182. Crim. Prac. Act, sec. 432. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Bail: See post, secs. 1268 et seq. § 1167. Proceedings on acquittal on ground of insanity. If the jury render a verdict of acquittal on the ground of insanity, the court may order a jury to be summonel from the jury list of the county, to inquire whether the defendant continues to be insane. The court may cause the same witnesses to be summoned who testified on the trial, and other witnesses, and direct the district attorney to conduct the proceedings, and counsel may appear for the defendant. The court may direct the sheriff to take the defendant and retain him in custody until the question of continuing insanity is determined. If the jury find the defendant insane, he shall be committed by the sheriff to the state insane asylum. If the jury find the defendant sane, he shall be discharged. En. Stats. 1873-4, 446. Inquiry into insanity of defendant before trial or after conviction. See post, secs. 1367 et seq. CHAPTER V. BILLS OF EXCEPTION. § 1170. To what decisions exceptions may be taken. 1171. When to be settled and signed. § 1172. Exceptions to decision of court by either party. § 1173. Exceptions to decision of the court by the defendant. § 1174. Exceptions, how settled. § 1176. Written charges need not be excepted to. § 1177. Bills of exception in criminal actions, amendment of; settled and time fixed for engrossment. § 1170. To what decisions exceptions may be taken. On the trial of an indictment or information, exceptions may be taken by the defendant to a decision of the court; 1. In disallowing a challenge to the panel of the jury, or to an individual juror for implied or actual bias; 2. In admitting or rejecting testimony on the trial of a challenge to a juror for actual bias; 3. In admitting or rejecting testimony, or in deciding any question of law not a matter of discretion, or in charging or instructing the jury upon the law on the trial of the issue. En. February 14, 1872. Am'd. 1873-4, 447; 1880, 25; 1901, 81. Cal. Rep. Cit. 49, 169; 51, 470; 51, 496; 53, 184; 53, 603; 56, 535; 59, 355; 61, 549; 61, 553; 70, 11; 83, 381; 87, 120; 96, 126; 96, 134; 96, 137; 96, 140; 115, 167; 132, 142; 134, 535; 135, 373; 135, 738. 123, 491; 124, 553; Subd. 2-123, 488. Subd. 3-134, 544; 135, 374; 145, Cal. Rep. Cit. 28, 218; 45, 142. Challenges to jury: See ante, secs. 1055 et seq. Rules of evidence See ante, sec. 1102. § 1171. When to be settled and signed. When the defendant desires to have exceptions taken at the trial settled in a bill of exceptions, the draft of a bill must be prepared by him, and presented to the judge for settlement within ten days after judgment has been entered against him, or, if the judge is absent from the county, or ill, so that such presentation cannot be made, the draft must, within that period, be delivered to the clerk for the judge. Notice in writing of the intended presentation of such draft to the judge, or of the delivery thereof to the clerk, must be served upon thẽ district attorney at least to days before such presentation or delivery. When received by the clerk, he must note thereon the date of such receipt, and transmit or deliver the same to the judge at the earliest period practicable. The judge must, immediately upon the draft being presented or delivered to him, designate a time for the settlement of the bill, and, if the parties are not present, require the clerk to notify them in writing of such date. The time so fixed must not be changed for inconvenience to a party, except upon good cause, shown by affidavit of necessity therefor. When settled and engrossed, the bill must be signed by the judge and filed with the clerk. En. February 14, 1872. Am'd. 1873-4, 447; 1881, 6; 1905, 761. The 1171, 1174. The design of the amendment to these sections is to bring about as far as possible an avoidance of the delay now so common in getting criminal cases to a hearing in the Supreme Court, and to require bills of exceptions in criminal cases to be settled as expeditiously as is compatible with the circumstances of the case. phraseology of the present section is changed in certain respects to more clearly express its purpose. The clerk is required, upon receipt of the draft to note such receipt thereon; and the judge, upon receipt thereof, is required to immediately designate a time for settlement and have the parties notified thereof, if not present. The time so fixed cannot be changed for the convenience of a party, except upon good cause shown by affidavit.-Code Commissioner's Note. Cal. Rep. Cit. 51, 470; 53, 184; 53, 423; 53, 425; 55, 73; 76, 514; 77, 356; 78, 406; 86, 157; 94, 506; 106, 645; 106, 646; 115, 167; 122, 210; 135, 373; 136, 20; 136, 669; 136, 670; 142, 93. Crim. Prac. Act, sec. 434. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 28, 218. § 1172. Exceptions to decision of court b either party. Exceptions may be taken by either party to the decision of a court or judge upon a matter of law: 1. In granting or refusing a motion to set aside an indictment or information. 2. In allowing or disallowing a demurrer to an indictment or information. |