CHAPTER 2. The Trial

Chapter 2 enacted 1872.

§§ 1093–1130 · 44 sections

• § 1093 The jury having been impaneled and sworn, unless waived, the trial shall proceed in the following order, unless otherwise directed by the court: (a) If the…
• § 1093.5 In any criminal case which is being tried before the court with a jury, all requests for instructions on points of law must be made to the court and all…
• § 1094 When the state of the pleadings requires it, or in any other case, for good reasons, and in the sound discretion of the court, the order prescribed in Section…
• § 1095 If the offense charged is punishable with death, two counsel on each side may argue the cause. In any other case the court may, in its discretion, restrict the…
• § 1096 A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his or her guilt is…
• § 1096a In charging a jury, the court may read to the jury Section 1096, and no further instruction on the subject of the presumption of innocence or defining…
• § 1097 When it appears that the defendant has committed a public offense, or attempted to commit a public offense, and there is reasonable ground of doubt in which of…
• § 1098 When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order…
• § 1099 When two or more defendants are included in the same accusatory pleading, the court may, at any time before the defendants have gone into their defense, on the…
• § 1100 When two or more defendants are included in the same accusatory pleading, and the court is of opinion that in regard to a particular defendant there is not…
• § 1101 The order mentioned in Sections 1099 and 1100 is an acquittal of the defendant discharged, and is a bar to another prosecution for the same offense.
• § 1102 The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this Code.
• § 1102.6 The right of a victim of crime to be present during any criminal proceeding shall be secured as follows: (a) Notwithstanding any other law, and except as…
• § 1109 (a) If requested by the defense, a case in which a gang enhancement is charged under subdivision (b) or (d) of Section 186.22 shall be tried in separate phases…
• § 1111 A conviction can not be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with…
• § 1111.5 (a) A jury or judge may not convict a defendant, find a special circumstance true, or use a fact in aggravation based on the uncorroborated testimony of an…
• § 1112 Notwithstanding the provisions of subdivision (d) of Section 28 of Article I of the California Constitution, the trial court shall not order any prosecuting…
• § 1113 The Court may direct the jury to be discharged where it appears that it has not jurisdiction of the offense, or that the facts charged do not constitute an…
• § 1114 If the jury be discharged because the Court has not jurisdiction of the offense charged, and it appear that it was committed out of the jurisdiction of this…
• § 1115 If the offense was committed within the exclusive jurisdiction of another county of this State, the Court must direct the defendant to be committed for such…
• § 1116 If the defendant is not arrested on a warrant from the proper county, as provided in section 1115, he must be discharged from custody, or his bail in the…
• § 1117 If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody,…
• § 1118 In a case tried by the court without a jury, a jury having been waived, the court on motion of the defendant or on its own motion shall order the entry of a…
• § 1118.1 In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence on either side and before the case is…
• § 1118.2 A judgment of acquittal entered pursuant to the provisions of Section 1118 or 1118.1 shall not be appealable and is a bar to any other prosecution for the same…
• § 1119 When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any…
• § 1120 If a juror has any personal knowledge respecting a fact in controversy in a cause, he or she must declare the same in open court during the trial. If, during…
• § 1121 The jurors sworn to try an action may, in the discretion of the court, be permitted to separate or be kept in charge of a proper officer. Where the jurors are…
• § 1122 (a) After the jury has been sworn and before the people’s opening address, the court shall instruct the jury generally concerning its basic functions, duties,…
• § 1122.5 (a) The court, in its discretion, may, at each adjournment of the court before the submission of the cause to the jury, admonish the jury, whether permitted to…
• § 1124 The Court must decide all questions of law which arise in the course of a trial.
• § 1126 In a trial for any offense, questions of law are to be decided by the court, and questions of fact by the jury. Although the jury has the power to find a…
• § 1127 All instructions given shall be in writing, unless there is a phonographic reporter present and he takes them down, in which case they may be given orally;…
• § 1127a (a) As used in this section, an “in-custody informant” means a person, other than a codefendant, percipient witness, accomplice, or coconspirator whose…
• § 1127b When, in any criminal trial or proceeding, the opinion of any expert witness is received in evidence, the court shall instruct the jury substantially as…
• § 1127c In any criminal trial or proceeding where evidence of flight of a defendant is relied upon as tending to show guilt, the court shall instruct the jury…
• § 1127d (a) In any criminal prosecution for the crime of rape, or for violation of Section 261.5, or for an attempt to commit, or assault with intent to commit, any…
• § 1127e The term “unchaste character” shall not be used by any court in any criminal case in which the defendant is charged with a violation of Section 261 or 261.5,…
• § 1127f In any criminal trial or proceeding in which a child 10 years of age or younger testifies as a witness, upon the request of a party, the court shall instruct…
• § 1127g In any criminal trial or proceeding in which a person with a developmental disability, or cognitive, mental, or communication impairment testifies as a…
• § 1127h In any criminal trial or proceeding, upon the request of a party, the court shall instruct the jury substantially as follows: “Do not let bias, sympathy,…
• § 1128 After hearing the charge, the jury may either decide in court or may retire for deliberation. If they do not agree without retiring for deliberation, an…
• § 1129 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…
• § 1130 If the prosecuting attorney fails to attend at the trial of a felony, the court must appoint an attorney at law to perform the duties of the prosecuting…