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acted in 1872, (1) the introductory paragraph read: "The issues on the calendar must be disposed of in the following order, unless upon the application of either party, for good cause shown by affidavit, and upon two days' notice to the opposite party, with service of a copy of the affidavit in support of the application, the court shall direct an indictment to be tried out of its order"; (2) the four subdivisions had the word "Indictments" instead of "Prosecutions" (the change being made in 1880).

2. Amended by Code Amdts. 1873–74, p. 440, (1) the introductory paragraph reading as at present, except that it had the word "indictment" instead of "action"; (2) the subdivisions having the word "Indictments" instead of "Prosecutions," as at present.

3. Amended by Code Amdts. 1880, p. 20.

$1049. Defendant entitled to two days to prepare for trial. After his plea, the defendant is entitled to at least two days to prepare for trial.

Legislation § 1049. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 247, § 324, which read: "§ 324. After his plea, the defendant shall have at least two days to prepare for his trial, if he require it."

CHAPTER IX.

Postponement of the Trial.

§ 1052. Postponement, when and how ordered.

§ 1053. Substitution of judges in criminal actions.

§ 1052. Postponement, when and how ordered. When an action is called for trial, or at any time previous thereto, the court may, upon sufficient cause, direct the trial to be postponed to another day. [Amendment approved 1880; Code Amdts. 1880, p. 20.]

Legislation § 1052. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 247, § 325, which read: "§ 325. When an indictment is called for trial the court may, upon sufficient cause shown by affidavit, direct the trial to be postponed to another day of the same term or the next term." When enacted in 1872, § 1052 read: "1052. When an indictment is called for trial, or at any time previous thereto, the court may, upon sufficient cause shown by affidavit, direct the trial to be postponed to another day of the same or of the next term."

2. Amended by Code Amdts. 1873-74, p. 441, and differed from the amendment of 1880, having (1) "indictment" instead of "action," and having (2) "of the same or of the next term" at end of section.

3. Amended by Code Amdts. 1880, p. 20.

§ 1053. Substitution of judges in criminal actions. If after the commencement of the trial of a criminal action or proceeding the judge shall die, become ill, or for any other reason be unable to proceed with the trial, any other judge of the superior court in and for the county, or city and county, in which the case is pending may proceed with and

finish the trial; or, if there be no other judge of such superior court, then the clerk or sheriff shall adjourn the court and continue the case from day to day, until such time as the governor shall designate a judge of the superior court. from some other county to proceed with and complete the trial, or until such time as, by stipulation in writing between the district attorney and the attorney for the defendant, filed with the clerk, a judge shall be agreed upon by them to complete said trial. The judge authorized by the provisions of this section to proceed with and complete the trial shall have the same power, authority and jurisdiction as if the trial had been commenced before such judge.

Legislation § 1053. Added by Stats. 1911, p. 365

TITLE VII.

Proceedings After the Commencement of the Trial and Before Judgment.

Chapter I. Challenging the Jury. §§ 1055–1089.

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III. Conduct of the Jury After the Cause is Submitted to
Them. §§ 1135-1143.

IV. The Verdict. §§ 1147-1167.

V. Bills of Exception. §§ 1170-1177.
VI. New Trials. §§ 1179-1182.

VII. Arrest of Judgment. §§ 1185-1188.

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§ 1061.

§ 1062.

§ 1063.

§ 1064.

§ 1065.

§ 1066.

§ 1067.

§ 1070.

If sufficiency of the challenge be denied, adverse party may
except. Exception, how taken and tried.

If exception overruled, court may allow denial, etc.
Denial of challenge, how made, and trial thereof.
be examined on trial of challenge.

Who may

Challenge when jury is summoned but not drawn, for bias in summoning officer.

If challenge allowed, jury to be discharged; if disallowed, to be impaneled.

Defendant to be informed of his right to challenge individual jurors.

Kinds of challenges to individual juror.

Challenge, when taken.

Peremptory challenge, what, and how taken.
Number of peremptory challenges.

Definition and kinds of challenge, for cause.
General causes of challenge.

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§ 1071.

§ 1072.

§ 1073.

Particular causes of challenge.

§ 1074.

Ground of challenge for implied bias.

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Triers, how appointed. Majority may decide. [Repealed.]

§ 1080. Oath of triers.

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§ 1084. Instructions to triers on trial of challenge for actual bias.

§ 1085.

[Repealed.]

Verdict of triers, and its effect.

[Repealed.]

§ 1086.

Challenges, first by the defendant and then by the people.

§ 1087. Order of challenges.

§ 1088.

§ 1089.

Peremptory challenges may be taken after challenges for cause on both sides are exhausted.

Alternate jurors, how chosen. Rights and duties of alternate jurors.

§ 1055. Definition and division of challenges. A challenge is an objection made to the trial jurors, and is of two kinds :

1. To the panel;

2. To an individual juror.

Challenge, defined: See ante, § 1055; post, § 1071.
Challenges, kinds of: See post, §§ 1067, 1071.
Challenge for cause, definition of: See post, § 1071.
Challenge to panel, definition of: See post, § 1058.

Legislation § 1055. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 359); in exact language of Crim. Prae. Act, Stats. 1851, p. 247, § 326.

1056. Defendants cannot sever in challenges. When several defendants are tried together they cannot sever their challenges, but must join therein.

Legislation § 1056. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 360); in substance the same as Crim. Prac. Act, Stats. 1851, p. 247, § 327.

§ 1057. Panel defined. The panel is a list of jurors returned by a sheriff, to serve at a particular court or for the trial of a particular action.

Selecting and returning jurors: Code Civ. Proc., §§ 204–211.
Drawing jurors: Code Civ. Proc., §§ 214–220.

Summoning jurors: Code Civ. Proc., §§ 225-228.

Legislation § 1057. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 247, § 328.

§ 1058. Challenge to the jury defined. A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party.

Legislation § 1058. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 361); in exact language of Crim. Prac. Act, Stats. 1851, p. 247, § 329.

§ 1059. Upon what founded. A challenge to the panel can be founded only on a material departure from the forms. prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one or more of the jurors drawn.

Legislation § 1059. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 362); in substance the same as Crim. Prac. Act, Stats. 1851, p. 247, § 330,

1060. When and how taken. A challenge to the panel must be taken before a juror is sworn, and must be in writing or be noted by the phonographic reporter, and must plainly and distinctly state the facts constituting the ground of challenge.

Challenge to panel: See post, § 1087.

Legislation § 1060. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 363); based on Crim. Prac. Act, Stats. 1851, p. 247, § 331, which read: "§ 331. A challenge to a panel must be taken before a juror is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the grounds of challenge."

§ 1061. If sufficiency of the challenge be denied, adverse party may except. Exception, how taken and tried. If the sufficiency of the facts alleged as ground of the challenge is denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered on the minutes of the court, or of the phonographic reporter, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true. Exception to challenge and proceedings on: See post, §§ 1062, 1077, 1078.

Exception to ruling: Post, § 1170.

Trial of challenge: See post, §§ 1077, 1078, 1081.

Legislation § 1061. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 364); based on Crim. Prac. Act, Stats. 1851, p. 248, §§ 332, 333, which read: "§ 332. If the sufficiency of the facts alleged as a ground of challenge be determined, the adverse party may except to the challenge. The exception need not be in writing, but shall be entered on the minutes of the court. § 333. Upon the exception the court shall proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true."

§ 1062. If exception overruled, court may allow denial, etc. If, on the exception, the court finds the challenge sufficient, it may, if justice requires it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception is allowed, the court may, in like manner, permit an amendment of the challenge.

Exception to challenge and proceedings on: See ante, § 1061; post, §§ 1077, 1078.

Legislation § 1062. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 365); in substance the same as Crim. Prac. Act, Stats. 1851, p. 248, § 334.

§ 1063. Denial of challenge, how made, and trial thereof. Who may be examined on trial of challenge. If the challenge is denied, the denial may be oral, and must be entered on the minutes of the court, or of the phonographic reporter. and the court. must proceed to try the question of fact; and

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