CHAPTER 7. The Mode of Trial

Chapter 7 enacted 1872.

§§ 1041–1045 · 7 sections

• § 1041 An issue of fact arises: 1. Upon a plea of not guilty. 2. Upon a plea of a former conviction or acquittal of the same offense. 3. Upon a plea of once in…
• § 1042 Issues of fact shall be tried in the manner provided in Article I, Section 16 of the Constitution of this state.
• § 1042.5 Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a right to…
• § 1043 (a) Except as otherwise provided in this section, the defendant in a felony case shall be personally present at the trial. (b) The absence of the defendant in…
• § 1043.5 (a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present. (b) The absence of the defendant in a…
• § 1044 It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the argument of counsel to…
• § 1045 In any misdemeanor or infraction matter, where a verbatim record of the proceedings is not required to be made and where the right of a party to request a…