case, it must in addition inform the jury that they are the exclusive judges of all questions of fact. Either party may present to the court any written charge, and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused the court must indorse or sign its decision. If part of any written charge be given and part refused the court must distinguish, showing by the indorsement or answer what part of each charge was given and what part refused.
Jury after the charge.s. 378, Crim. Pr.
§ 7406. After hearing the charge, the jury may either decide in court, or may retire for deliberation. If they do not agree without retiring, one or more officers must be sworn to keep them together in some private and convenient place, without food, or drink, except bread and water, unless otherwise ordered by the court, and not to permit any person to speak to or communicate with them, nor do so themselves, unless it be by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court.
Defendant may be committed.s. 379, Crim. Pr.
§ 7407. When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the proper officer of the county, to abide the judgment or further order of the court, and he must be committed and held in custody accordingly.
Substitute for district attorney.s. 380, Crim. Pr.
§ 7408. If the district attorney fails, or is unable to attend at the trial, the court must appoint some attorney at law to perform the duties of the district attorney on such trial.
CHAPTER 3.
CONDUCT OF THE JURY AFTER THE CAUSE IS SUBMITTED TO THEM.
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Section. 7409 The jury room. 7410. Food and lodging. 7411. Papers the jury may take. 7412. Jury brought into court for information.
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Section. 7413 Juror sick after retirement. 7414. Jury cannot be discharged until when. 7415 Cause retried. 7416. Adjournment from time to time-Final adjournament discharges jury.
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s. 381, Crim. Pr.
§ 7409. A room must be provided by the board of commissioners of a county for the use of the jury, upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery. If the commissioners neglect, the court may order the sheriff to do so, and the expenses incurred by him in carrying the order into effect, when certified by the court, are a county charge.
Food and lodging.s. 382, Crim. Pr.
§ 7410. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they must be provided by the sheriff, upon the order of the court, at the expense of the county, with suitable and sufficient food and lodging.
Papers the jury may take.s. 383, Crim. Pr.
§ 7411. Upon retiring for deliberation, the jury may take with them all papers which have been received as evidence in the cause, or copies of such parts of public records or private documents, given in evidence, as ought not, in the opinion of the court, to be taken from the person having them in possession.
Jury brought into court for information.s. 384, Crim. Pr. § 7412. After the jury have retired for deliberation, if there into court for be a disagreement between them as to any part of the testimony,
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