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SECTION 1085. Repealed....

304

1086. Challenges, first by the defendant, and then by the peo

ple......

304

1087. Order of challenges...

305

...

1088. Peremptory challenges may be taken after challenges for
cause on both sides are exhausted...

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1095. Number of counsel who may argue the case to the jury.. 309 1096. Defendant presumed innocent until the contrary is

proved. Reasonable doubt.....

309

1097. When reasonable doubt as to degree, he can be convicted

only of lowest....

310

1098. Separate trial....

310

1099. Discharging one of several defendants before verdict,
that he may be a witness.

311

1100. Same..

311

1101. Effect of such discharge..

311

1102. Rules of evidence in civil applicable to criminal cases,

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1105. When burden of proof shifts in trials for murder..

322

1106. Evidence on a trial for bigamy..

323

1107. Evidence upon a trial for forging bank bills, etc. Experts 323

1108. Evidence upon trial for abortion and seduction.

323

1109. Evidence on a trial for selling, etc., lottery tickets.

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1113. Court may discharge jury when it has not jurisdiction, etc. 325 1114. Proceedings, if jury discharged for want of jurisdiction of

offense committed out of the state....

325

1115. Proceedings in such case, when offense committed in the state..

325

1116. Same..

325

1117. Proceedings, if jury discharged because the facts do not
constitute an offense. ...

326

1118. When evidence on either side is closed, court may advise
jury to acquit......

326

1119. View of premises, when ordered and how conducted..... 326 1120. Knowledge of juror to be declared in court, and he to be sworn as a witness...

327

1121. Jurors may be permitted to separate during trial. If kept
together, oath of officer.....

327

1122. Jury at each adjournment must be admonished, etc.

327

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SECTION 1161. In what cases court may direct a reconsideration of the

verdict...

1162. When judgment may be given on informal verdict.
1163. Polling the jury....

339

339

339

1164. Recording the verdict.

340

1165. Defendant, when to be discharged or detained after

acquittal......

340

1166. Proceedings upon general verdict of conviction or a special verdict...

341

1167. Proceedings on verdict of acquittal on ground of insanity 341

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1172. Exceptions not taken on the trial, but which may be taken by both parties. ...

344

1173. Exceptions not taken on the trial, but which may be

taken by the defendant...

344

1174. Exceptions mentioned in two preceding sections, how and

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SECTION 1185. Motion in arrest of judgment defined. Upon what de

fects founded, and when made........

1186. Court may arrest judgment without motion

1187. Effect of arresting judgment......

1188. Defendant, when to be held or discharged...

TITLE VIII.

349

350

350

350

OF JUDGMENT AND EXECUTION.

CHAPTER

I. The judgment..

II. The execution

351 358

CHAPTER I.

THE JUDGMENT.

SECTION 1191. Appointing time for judgment.

352

1192. Upon plea of guilty, court must determine degree

352

1193. Presence of defendant.....

352

1194. When defendant in custody, how brought before the

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1201. What cause may be shown against the judgment...
1202. If no cause shown, judgment to be pronounced..
1203. Court may summarily inquire into circumstances in ag-
gravation or mitigation of punishment..

354

354

355

1204. Proof of former conviction, or of facts, etc., in mitigation,

etc., how made.......

356

1205. Duration of imprisonment on judgment to pay a fine.... 356 1206. Judgment to pay a fine constitutes a lien

357

357

1207. Entry of judgment and judgment roll..

CHAPTER II.

THE EXECUTION.

SECTION 1213. Authority for the execution of a judgment, other than of

death

.......

358

1214. If for fine alone, execution to issue as in civil cases...... 358 1215. Judgment of fine and imprisonment, by whom and how executed...

359

1216. Duty of sheriff on receiving copy of judgment of imprison-
ment.....

359

1217. Warrant of execution upon judgment of death. Time of execution....

359

1218. Judge to transmit statement of conviction and testimony
to governor

359

1219. Governor may require opinion of justices of supreme court,

etc., thereon..

359

1220. Judgment of death, when suspended....

359

1221. If reason to suppose defendant insane, jury to inquire

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1225. Proceedings when female is supposed to be pregnant...

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1229. Execution, where to take place, and who to be present.. 361 1230. Return upon death warrant.

361

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