Lapas attēli
PDF
ePub

The accused is always presumed innocent till he is proved to be guilty, and if, upon the whole evidence, there is reasonable doubt of his guilt, he is entitled to an acquittal. Read 4 Bl. Comm., pp. 355–359.

2 H. P. C., pp. 276-293.

1 Chitty C. L., pp. 554-631.

2 Russ. Cr., pp. 725–988.

1 Arch. Cr. Pr., pp. 385-508, 566–585.

1 Whart. C. L., §§ 592–827.

3 Whart. C. L., §§ 3009, 3009 a.

1 Bish. C. P., §§ 960-973, 1046–1262.

1 B. & H. L. C. C., pp. 295–362.

2 B. & H. L. C. C., pp. 18-43, 260-283, 333-358, 393-408, 484-630.

§ 512. Of the Arguments of Counsel.

The arguments of counsel take place in the order prescribed by statute, or by local usage. At the opening of the case, and before the production of any evidence, the counsel for the state may, and generally does, explain to the jury the nature of the charge, and the testimony which he intends to bring forward to sustain it. The counsel for the accused, before introducing his evidence, usually explains, in the same manner, what he himself expects to prove. The remaining arguments consist of, and should be confined to, a discussion of the evidence and the law applicable thereunto. In some States, the counsel for the accused, and in others the counsel for the state, has the right to close. Read 1 Arch. Cr. Pr., pp. 584-587.

3 Whart. C. L., §§ 3007, 3008, 3010–3011 b.

1 Bish. C. P., §§ 974, 975.

§ 513. Of the Charge of the Judge.

The charge of the court to the jury consists of an explanation of the law governing the case, and of such a review

of the evidence as may be necessary in connection therewith. If counsel on either side desire that particular propositions should be stated, as law, by the court to the jury, it is their duty to inform the court of their desire in proper season. If any mistake is made by the court in stating the law to the jury, the attention of the court should be called thereto forthwith, and an exception noted.

Read 1 Chitty C. L., pp. 631, 632.

1 Arch. Cr. Pr., pp. 587–592.

3 Whart. C. L., §§ 3161–3164.
1 Bish. C. P., §§ 976–982.

§ 514. Of the Deliberations of the Jury. The Verdict. The deliberations of the jury, upon the law and the evidence, are conducted in private, while they are under the charge, though not in the presence of, an officer of the court. If, after due consultation, they cannot agree upon a verdict, they may be discharged, and the accused remanded for another trial. If they are in doubt upon any question of law or fact in the case, they may call upon the court for further instructions. When they are all agreed, either for conviction or acquittal, they return into court, their names are called, and the foreman delivers their conclusion of guilty or not guilty upon the matters alleged in the indictment. This conclusion is called the verdict, and when once pronounced by the foreman, ratified by the acquiescence of the other jurors, and duly recorded, it cannot be altered or amended, nor can any juror dissent therefrom. When the jury cannot agree to a general verdict, as that of guilty or not guilty, they may render a partial verdict, convicting the accused on one count in the indictment, or on one part of a divisible count, and acquitting him as to the residue; or they may render a special verdict,

finding the facts of the case, and leaving the legal infer ence from those facts to the decision of the court.

Read 4 Bl. Comm., pp. 361, 362.

2 H. P. C., pp. 293–313.

1 Chitty C. L., pp. 632-650.
1 Arch. Cr. Pr., pp. 593-609.
3 Whart. C. L., §§ 3165-3199.
1 Bish. C. P., §§ 982 a-1016.

1 B. & H. L. C. C., pp. 363-433, 482-512.

§ 515. Of Motion for a New Trial.

After a verdict of conviction, and before judgment or sentence by the court, there are two proceedings of which the accused, if he has occasion, may avail himself. These are: Motion for a New Trial, and Motion in Arrest of Judgment. A motion for a new trial may be based upon any material irregularity in the course of the proceedings, such as defects in summoning or impanelling the jury, the misconduct of the jury, misrulings or misdirections of the court, the discovery of new and material evidence, the illegality of the verdict or its non-conformity to the evidence, or the invalidity of the verdict itself. If this motion be granted, the accused will again be put upon his trial on the same indictment, but before another

jury.

Read 4 Bl. Comm., p. 375.

1 Chitty C. L., pp. 653–661.

1 Arch. Cr. Pr., pp. 610-670.

3 Whart. C. L., §§ 3220-3394 a.

1 Bish. C. P., §§ 1268-1281.
1 B. & H. L. C. C., pp. 554-599.

§ 516. Of Motion in Arrest of Judgment.

A motion in arrest of judgment may be based upon any material defect which appears on the face of the record,

and which makes the proceedings apparently erroneous, such as repugnancy or uncertainty in the indictment, or variance between the indictment and the verdict. If the judgment be arrested upon motion, all the proceedings will be set aside, and judgment of acquittal given; but this judgment will be no bar to a subsequent prosecution.

Read 1 Chitty C. L., pp. 661-664.

1 Arch. Cr. Pr., pp. 671–674.

3 Whart. C. L., §§ 3200–3207.
1 Bish. C. P., §§ 1282-1288.

§ 517. Of Judgment.

If neither of these motions is made, or having been made is denied, the court proceeds to judgment. Judgment is the order of the court, directing the kind and measure of punishment to be inflicted on the accused. This judgment must be pronounced in open court, and must be in conformity with the law, prescribing the punishment. The court has power over the judgment after it has been pronounced, and may respite or suspend its execution for any reasonable cause, as if the offender should become insane, or desire to apply for a reprieve or pardon. The court also has power to correct or change the judgment, at any time during the same term of court, and before the execution of the judgment has begun.

Read 4 Bl. Comm., pp. 375, 378.

2 H. P. C., pp. 391-406.
1 Chitty C. L., pp. 695–722.
1 Arch. Cr. Pr., pp. 674-710.
3 Whart. C. L., §§ 3395–3425 f.

1 Bish. C. L., §§ 927-977.
1 Bish. C. P., §§ 1289-1334.

§ 518. Of Writ of Error.

There are two methods by which, even after judgment, the accused may be relieved against any error or mistake in the proceedings, whereby injury has been, or is about to be, inflicted on him. These are: By Reversing or Vacating the Judgment, and By Pardon. A judgment may be reversed, on writ of error, for any mistake of law apparent on the face of the record. This writ is a matter of right. It does not lie until final judgment has been rendered, and does not reach preliminary matters, and such as are pleadable only in abatement. But errors, which would be fatal on demurrer, or on motion in arrest of judgment, are grounds of reversal upon writ of error.

Read 4 Bl. Comm., pp. 391, 392.

1 Chitty C. L., pp. 747-754.

1 Arch. Cr. Pr., pp. 717-727.

3 Whart. C. L., §§ 3208-3219 b.
1 Bish. C. P., §§ 1361–1374.

1 B. & H. L. C. C., pp. 599–612.

§ 519. Of Pardon.

A petition for a pardon is addressed to the executive or other pardoning power, and may be based upon any matters which render the execution of the judgment inexpedient or inequitable.

Read 4 Bl. Comm., pp. 398–402.

1 Chitty C. L., pp. 762-777.

1 Arch. Cr. Pr., pp. 374–380.
1 Whart. C. L., §§ 591 a-591 g.

1 Bish. C. L., §§ 897-926.

$ 520. Of Execution.

These different measures being untried or unsuccessful, the judgment is carried into effect by execution. Execu

« iepriekšējāTurpināt »