CHAPTER 5.
BILLS OF EXCEPTION.
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Section. 7439. Exceptions to matters of law. 7440. Bill signed and filed. 7441. Character of bill of exceptions. 7442. When prepared it not settled at trial. 7443. Refusal to settle and sign.
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Section. 7444. Time extended. 7455. Exceptions deemed abandoned, when, 7446. What exceptions must contain. 7447. Bill to be filed. 7448. Other exceptions.
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s. 412, Crim. Pr.
§ 7439. On the trial of an indictment, exceptions may be taken by the defendant to the decision of the court upon a matter of law by which his substantial rights are prejudiced, and not otherwise, in any of the following cases:
1. In disallowing a challenge to the panel of the jury, or to an individual juror for implied bias.
2. In admitting or rejecting witnesses or testimony, on the trial of a challenge to a juror for actual bias.
3. In admitting or rejecting witnesses or testimony, or in deciding any question of law, not a matter of discretion, or in charging or instructing the jury upon the law, on the trial of the issue.
Bill signed and filed.s. 413, Crim. Pr.
§ 7440. A bill containing the exceptions must be settled and signed by the presiding judge, and filed with the clerk.
Character of bill of exceptions.s. 414, Crim. Pr.
§ 7441. The bill of exceptions must be settled at the trial, unless the court otherwise direct. If no such direction be given, the point of the exception must be particularly stated in writing, and delivered to the court, and must immediately be corrected or added, until it is made conformable to the truth.
When prepared if not settled at trial.s. 415, Crim. Pr.
§ 7442. If the bill of exceptions be not settled at the trial, it must be prepared and served within three days thereafter, on trial the district attorney, who may, within three days thereafter, serve on the defendant or his counsel, amendments thereto. The defendant may then, within three days, serve the district attorney with a notice to appear before the presiding judge of the court, at a specified time, not less than five nor more than ten days thereafter, to have the bill of exceptions settled.
Refusal to settle and sign.s. 416, Crim. Pr.
s. 1, c. 20, 1885
§ 7443 At the time appointed the judge must settle and sign the bill of exceptions; provided, however, if the judge in any case refuse to allow an exception in accordance with the facts, the party desiring the bill settled, may apply by petition to the supreme court, to prove the same. The application may be made in the mode and manner and under such regulations as the court may prescribe, and the bill, when proven, must be certified by a justice thereof as correct and filed with the clerk of the court in which the action was tried; and when so filed, it has the same force and effect as if settled by the judge who tried the cause.
Time extended.s. 417, Crim. Pr.
§ 7444. The time for preparing the bill of exceptions, or the amendments thereto, or for settling the same, may be enlarged by the consent of the parties, or by the presiding judge.
Exceptions deemed abandoned, when.s. 418, Crim. Pr.
§ 7445. If the bill of exceptions be not served within the time prescribed in section 7442, or within the enlarged time therefor, as prescribed in the last section, the exceptions are deemed abandoned. If it be served and the parties omit, within the time limited by section 7442, the one to prepare amendments, and the other to give notice of appearance before the judge, they are respectively deemed, the one to have agreed to the bill of exceptions, the other to the amendments.
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