or if they desire to be informed on a point of law arising in the cause, they must require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of, or after notice to the district attorney and the defendant or his counsel, or after they have been called.
Juror sick after retirement.s. 385, Crim. Pr.
§ 7413. If, after the retirement of the jury, one of them become so sick as to prevent the continuance of his duty, or any other accident or cause occur to prevent their being kept together for deliberation, the jury may be discharged.
Jury cannot be discharged until, when.s. 386, Crim. Pr.
§ 7414. Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict, and rendered it in open court, unless by the consent of both parties entered upon the minutes, or unless at the expiration of such time as the court deems proper, it satisfactorily appear that there is no reasonable probability that the jury can agree.
Cause retried.s. 387, Crim. Pr.
§ 7415. In all cases where a jury are discharged or prevented from giving a verdict, by reason of an accident or other cause, except where the defendant is discharged from the indictment during the progress of the trial, or after the cause is submitted to them, the cause may be again tried at the same or another term, as the court may direct.
Adjournment from time to time-Final discharges jury.s. 388, Crim. Pr.
s. 389, Crim. Pr.
§ 7416. While the jury are absent the court may adjourn from time to time as to other business, but it is nevertheless deemed open for every purpose connected with the cause submitted to them, until a verdict is rendered or the jury discharged. A final adjournment of the court discharges the jury.
CHAPTER 4.
THE VERDICT.
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Section. 7417. Return of the verdict. 7418. Verdict rendered in presence of defendant. 7419. Proceedings when jury appear. 7420. Verdict general or special. 7421. Form of general verdict. 7422. Special verdict. 7423. Special verdict to be written. 7424. Form of special verdict. 7425. Argument of special verdict. 7426. Judgment on special verdict. 7427. New trial it special verdict is not definite.
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Section. 7428. Degree of crime stated. 7429. May find any degree, 7430. Same-When several defendants. 7431. Jury may reconsider verdict. 7432. Same-Neither general nor special, 7433. Judgment, when jury persist in informal verdict. 7434. Jury may be polled. 7435. Clerk to record verdict. 7436. Defendant discharged, when. 7437. Committal of defendent on conviction. 7438. Defense of insanity and acquittal.
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s. 390, Crim. Pr.
§ 7417. When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not ap- pear, the rest must be discharged without giving a verdict. In that case the cause must be again tried, at the same or an- other term.
Verdict rendered in presence of defendant.s. 391, Crim. Pr.
§ 7418. If the indictment is for a felony, the defendant must, before the verdict is received, appear in person. If it is for a misdemeanor, the verdict may, in the discretion of the court, be rendered in his absence.
Proceedings when jury appear.s. 392, Crim. Pr.
§ 7419. When the jury appear, they must be asked, by the court or the clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same.
Verdict general or special.s. 393, Crim. Pr. § 7420. The jury may either render a general verdict, or where they are in doubt as to the legal effect of the facts
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