Proceedings on application to discharge. and that there is just ground to believe that such evidence can be had at the next term, the cause may be continued, and the prisoner remanded, or admitted to bail; and if he be not brought to trial at the next term, he shall then be discharged. (Sayler, 2172, § 163.) Application for discharge; when it must be made. To entitle a prisoner to a discharge, on the ground that he has not been brought to trial during the time limited by sections 42 and 43 of this chapter, he must make application to the court therefor, and if, when he makes such application, whether during the time so limited, or at a subsequent term of the court, the state is ready to proceed with the trial, or makes the showing specified in section 44 of this chapter for a continuance, he will not be entitled to be discharged. (Ex parte McGehan, 22 Ohio St. 442.) Application for discharge; when it should be refused.—When an application is made for a discharge, under section 43 of this chapter, at any term of the court, on the ground that the defendant, who had given bail for his appearance, was not brought to trial before the end of the third term after the indictment was found, such application should be refused, if at such term the state is ready for trial, although the cause can not be tried for want of time at such term. (Erwin v. State, 29 Ohio St. 186.) ENTRY-PRISONER DISCHARGED IF NOT TRIED, ETC. [Title.] Indictment for The defendant herein having been indicted before the last term of this court, and not brought to trial, he is hereby discharged. ENTRY-SAME, WHEN RECOGNIZED. [Title.] Indictment for. The defendant herein not having been brought to trial, and this being the third term of the court after his indictment, he is hereby discharged from his recognizance. APPLICATION FOR DISCHARGE REFUSED. [Title.] Indictment for. This cause being heard on the application of the defendant for discharge on the indictment against him, and the court being satisfied that there is material evidence, on the part of the state, to be Proceedings on application to discharge. had at the next term, and which can not now, by reasonable diligence, be had, the said application is refused; and the said defendant is remanded to the custody of the sheriff. Or, admitted to bail for his appearance to answer said charge at the next term of this court. Conduct of jury after case submitted. CHAPTER VII. VERDICT, AND JUDGMENT AND PROCEEDINGS THEREON. RDICT, SECTION. 1. Conduct of jury after case submitted. 2. When court may discharge jury. 3. Jury may be polled. SECTION. 19. When and how convicts to be transported to penitentiary. 20. Sheriff may demand assistance during conveyance of convicts. 4. Jury to ascertain the value of the 21. Writs of execution to issue on senproperty stolen. found guilty. tence. 5. Of what degree defendant may be 22. Upon sentence for felony, cost bill to be made out and certified. Number of guards, and fees, for transportation of convicts. 6. When jury to acquit on indict- 23. ment for carrying concealed weapons. 7. What the court shall ask the convict. 24. Warden shall certify correctness of cost bill, etc. 25. How death penalty is inflicted. 8. When court to pronounce judg- 26. Clerk to issue death-warrant. ment. 9. Testimony after verdict or confession to mitigate penalty. 10. When and for how long execution 12. When writ not allowed. 15. How convict to be confined in the jail. 16. Sentence when person fined. 27. Where warrant to be executed. 29. Military force may be required. 33. Proceedings on the inquest. 35. Proceedings when a female convict 17. Execution for fine and costs against 36. When convict no longer pregnant, property and body of offender. 18. Execution for same to sheriff of governor to order execution. other county. VERDICT. SECTION 1. Conduct of jury after case submitted. When a case is finally submitted, the jurors must be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict, or are discharged by the court. Conduct of jury after case submitted. The officer having them in charge shall not suffer any com munication to be made to them, nor make any himself, except to ask them whether they have agreed upon a verdict, unless by order of the court; nor shall he communicate tc any person, before the verdict is delivered, any matter in relation to the state of their deliberations. If the jurors are permitted to separate during the trial, they shall be admonished by the court that it is their duty not to converse with, nor suffer themselves to be addressed by, any person, nor to listen to any conversation on the subject of the trial, nor to form or express an opinion thereon, until the cause is finally submitted to them. (Sayler, 2401, § 164.) Separation of jury during trial.-Whether the jury shall be permitted to separate during the progress of the trial of a criminal case, is a matter of sound discretion with the court trying the case, and the exercise of this discretion can not be questioned on error. (Davis v. State, 15 Ohio, 72.) Separation of jury during trial of capital case.-Under the first section of chapter seven of the criminal code (70 Ohio L. 352), the court in its discretion may permit the jury in a capital case to separate during the progress of the trial, and before the case is finally submitted to them. (Bergin v. State, Supreme Court, October 30, 1877.) Separation of jury while deliberating on verdict.-After the jury have retired to consider of their verdict in a criminal case, they should be kept together until they agree on a verdict, or are discharged. It is error in the court to permit them to separate and go to their meals without supervision, during their deliberation, even though counsel for the defendant consent to such separation. (Parker v. State, 18 Ohio St. 88.) The separation of a juror from his fellows, in the trial of a criminal case, after it has been finally committed to them, and before they have agreed upon a verdict, for the purpose of obtaining and drinking intoxicating liquors, when not explained or shown to be excusable, is such misconduct of the juror as will entitle the prisoner to a new trial. (Weis v. State, 22 Ohio St. 486.) Separation of jury after agreement on verdict.-The separation of the jury, in the trial of a criminal case, after they have agreed upon a verdict, is left to the discretion of the court, and where, on such separation, by discretion of the court, nothing is done to the When court may discharge jury, etc. prejudice of the defendant, it is not such misconduct of the jury as necessarily to require the granting of a new trial. (Bainbridge v. State, Supreme Court Commission, June 20, 1877. Separation of jury; sealed verdict.—The court may, in the exercise of a sound discretion, direct the jury to seal up their verdict, and separate, and bring it in, in open court, should they agree when the court is not in session. (State v. Engle, 13 Ohio, 490.) SEC. 2. When court may discharge jury. The court may discharge a jury, without prejudice to the prosecution, for the sickness of a juror, or other accident or calamity, or because there is no probability of the jurors agreeing; and the reason for the discharge shall be entered on the journal. (Sayler, 2175, § 165.) Discharge of jury; what record must show.—In a criminal cause, the discharge of the jury without the consent of the defendant, after it has been duly impaneled and sworn, but before verdict, is equivalent to a verdict of acquittal, unless the discharge was ordered in consequence of such necessity as the law regards as imperative. In such case, the record must show the existence of the necessity which required the discharge of the jury; otherwise, the defendant will be exonerated from the liability of further answering to the indictment. (Hines v. State, 24 Ohio St. 134.) ENTRY-DISCHARGE OF JURY. [Title.] Indictment for It appearing to the court that [state the cause of the discharge] the court therefore discharges the said jury without day and without prejudice to the prosecution of this case. SEC. 3. Jury may be polled. When the jurors have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Before the verdict is accepted, the jury may be polled at the request of either the prosecuting attorney or the defendant. (Sayler, 2175, § 166.) Amendment of verdict.-After a jury have returned their verdict, bave been discharged, and have separated, they can not be recalled to alter or amend it. (Sargent v. State, 11 Ohio, 472.) Oral verdict. Where, in a criminal case, a verdict of guilty, as charged in the indictment, is returned by the jury, through their |