s. 439, Crim. Pr.
§ 7466. If no sufficient cause be alleged, or appear to the court why judgment should not be pronounced, it must thereupon be rendered.
Court may hear further evidence.s. 440, Crim. Pr.
§ 7467. After a plea or verdict of guilty, in a case where a discretion is conferred upon the court as to the extent of the punishment, the court, upon the suggestion of either party that there are circumstances which may be properly taken into view, either in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time, and upon such notice to the adverse party as it may direct.
Testimony, how presented.s. 441, Crim. Pr.
§ 7468. The circumstances must be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to attend, his deposition may be taken by a magistrate of the county out of court, at a specified time and place, upon such notice to the adverse party as the court may direct.
Other evidence prohibited.s. 442, Crim. Pr.
§ 7469. No affidavit or testimony, or representation of any kind, verbal or written, can be offered to or received by the court or member thereof in aggravation or mitigation of the punishment, except as provided in the last two sections.
Judgement in two offenses.s. 443, Crim. Pr.
§ 7470. If the defendant have been convicted of two or more offenses, before judgment on either, the judgment may be that the imprisonment upon any one may commence at the expiration of the imprisonment upon any other of the offenses.
Fine and improsonment.s. 444, Crim. Pr.
§ 7471. A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied, specifying the extent of the imprisonment, which cannot exceed one day for every two dollars of the fine.
Fine constitutes a lien.s. 445, Crim. Pr.
§ 7472. A judgment that the defendant pay a fine constitutes a lien, also, in like manner as a judgment for money rendered in a civil action.
Papers filed by the clerk.s. 446, Crim. Pr.
§ 7473. When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction has been had, and must immediately annex together and file the following papers, which constitute a record of the action:
1. The indictment and a copy of the minutes of the plea or demurrer.
2. A copy of the minutes of the trial.
3. The charges given or refused, and the indorsements, if any, thereon; and,
4. A copy of the judgment.
CHAPTER 2.
THE EXECUTION.
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Section. 7474. Copy of judgment furnished to officer. 7475. Execution to issue on fine. 7476. When for imprisonment. 7477. When for imprisonment or fine. 7478. When for imprisonment in territorial prison. 7479. Authority of officer while conveying prisoner. 7480. Proceedings on judgment of death. 7481. Duty of judge in such case. 7482. Governor may require opinion of supreme judges. 7483. Governor only can reprieve. 7484. When defendant becomes insane. 7485. Inquisition to try insanity.
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Section. 7486. Return of certificate of inquisition. 7487. Duty of sheriff on the finding 7488. When finding insane, duty of sheriff. 7489. Judgment of death against pregnant woman. 7490. Duty of sheriff on finding. 7491. Governor to order execution. 7492. Duty of court when judgment is not executed. 7493. Same-Inquiry by court. 7494. Death produced. 7495. Death, where executed. 7496. Who may be present at execution. 7497. Return of the execution. 7498. Sheriff to file certificate. |
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