CHAPTER 4. The Verdict or Finding

Heading of Chapter 4 amended by Stats. 1951, Ch. 1674.

§§ 1147–1168 · 23 sections

• § 1147 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…
• § 1148 If charged with a felony the defendant must, before the verdict is received, appear in person, unless, after the exercise of reasonable diligence to procure…
• § 1149 When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative,…
• § 1150 The jury must render a general verdict, except that in a felony case, when they are in doubt as to the legal effect of the facts proved, they may, except upon…
• § 1151 A general verdict upon a plea of not guilty is either “guilty” or “not guilty,” which imports a conviction or acquittal of the offense charged in the…
• § 1152 A special verdict is that by which the jury find the facts only, leaving the judgment to the Court. It must present the conclusions of fact as established by…
• § 1153 The special verdict must be reduced to writing by the jury, or in their presence entered upon the minutes of the Court, read to the jury and agreed to by them,…
• § 1154 The special verdict need not be in any particular form, but is sufficient if it presents intelligibly the facts found by the jury.
• § 1155 The court must give judgment upon the special verdict as follows: 1. If the plea is not guilty, and the facts prove the defendant guilty of the offense charged…
• § 1156 If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find…
• § 1157 Whenever a defendant is convicted of a crime or attempt to commit a crime which is distinguished into degrees, the jury, or the court if a jury trial is…
• § 1158 Whenever the fact of a previous conviction of another offense is charged in an accusatory pleading, and the defendant is found guilty of the offense with which…
• § 1158a (a) Whenever the fact that a defendant was armed with a weapon either at the time of his commission of the offense or at the time of his arrest, or both, is…
• § 1159 The jury, or the judge if a jury trial is waived, may find the defendant guilty of any offense, the commission of which is necessarily included in that with…
• § 1160 On a charge against two or more defendants jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to the defendant or…
• § 1161 When there is a verdict of conviction, in which it appears to the Court that the jury have mistaken the law, the Court may explain the reason for that opinion…
• § 1162 If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant…
• § 1163 When a verdict is rendered, and before it is recorded, the jury may be polled, at the request of either party, in which case they must be severally asked…
• § 1164 (a) When the verdict given is receivable by the court, the clerk shall record it in full upon the minutes, and if requested by any party shall read it to the…
• § 1165 Where a general verdict is rendered or a finding by the court is made in favor of the defendant, except on a plea of not guilty by reason of insanity, a…
• § 1166 (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, they shall be remanded, if in…
• § 1167 When a jury trial is waived, the judge or justice before whom the trial is had shall, at the conclusion thereof, announce his findings upon the issues of fact,…
• § 1168 (a) Every person who commits a public offense, for which any specification of three time periods of imprisonment in any state prison or imprisonment pursuant…