22-3420. Conduct of jury after submission.
22-3420
22-3420. Conduct of jury after submission.(1) When the case is finally submitted to the jury, they shall retirefor deliberation. They must be kept together in some convenient place undercharge of a duly sworn officer until they agree upon a verdict, or bedischarged by the court, subject to the discretion of the court to permitthem to separate temporarily at night, and at their meals. The officerhaving them under his charge shall not allow any communications to be madeto them, or make any himself, unless by order of the court; and beforetheir verdict is rendered he shall not communicate to any person the stateof their deliberations, or the verdict agreed upon. No person other thanmembers of the jury shall be present in the jury room during deliberations.
(2) If the jury is permitted to separate, either during the trial orafter the case is submitted to them, they shall be admonished by the courtthat it is their duty not to converse with, or allow themselves to beaddressed by any other person on any subject of the trial, and that it istheir duty not to form or express an opinion thereon until the case isfinally submitted to them, and that such admonition shall apply to everysubsequent separation of the jury.
(3) After the jury has retired for deliberation, if they desire to beinformed as to any part of the law or evidence arising in the case, theymay request the officer to conduct them to the court, where the informationon the point of the law shall be given, or the evidence shall be read orexhibited to them in the presence of the defendant, unless he voluntarilyabsents himself, and his counsel and after notice to the prosecutingattorney.
(4) The jury may be discharged by the court on account of the sicknessof a juror, or other accident or calamity, or other necessity to be foundby the court requiring their discharge, or by consent of both parties, orafter they have been kept together until it satisfactorily appears thatthere is no probability of their agreeing.
History: L. 1970, ch. 129, § 22-3420; July 1.