can be clearly understood that the intent of the jury is either to render a general verdict or to find the facts specially, and to leave the judgment to the court. En. February 14, 1872. Cal.Rep.Cit. 48, 559; 68, 180; 68, 181; 118, 448. Crim. Prac. Act, sec. 426.. En, April 20, 1850. 1851, 290. En. 1851, 212. Rep. Crim. Prac. Act, sec. 427. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal.Rep.Cit. 31, 454. § 1162. When judgment may be given on informal verdict. 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 upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict. En. February 14, 1872. Cal.Rep. Cit. 68, 180; 135, 62; 135, 63. Crim. Prac. Act, sec. 428. En. Apjril 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1163. Polling the jury. 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 whether it is their verdict, and if any one answer in the negative, the jury must be sent out for further deliberation. En. February 14, 1872. Cal.Rep.Cit. 57, 101; 62, 520. Crim. Prac. Act, sec. 429. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1164. Recording the verdict. When the verdict given is such as the court may receive, the clerk must immediately record it in full upon the minutes, read it to the jury, and inquire of them whether it is their verdict. If any juror disagree, the fact must be entered upon the minutes, and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury must be discharged from the case. En. February 14, 1872. Cal.Rep.Cit. 57, 98; 57, 101. Crim. Prac. Act, sec. 430. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1165. Defendant, when to be discharged. If judgment of acquittal is given on a general verdict, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given, except where the acquittal is because of a variance between the pleading and proof, which may be obviated by a new indictment or information, the court may order his detention, to the end that a new indictment or information may be preferred, in the same manner and with like effect as provided in section one thousand one hundred and seventeen. En. February 14, 1872. Am'd. 1880, 25. Cal.Rep. Cit. 61, 140; 64, 263; 70, 65; 79, 179; 79, 181; 91, 643; 118, 27. Crim. Prac. Act, sec. 431. En. April 20, 1850. 1851, 290. En. 1851, 212. Cal.Rep.Cit. 38, 476. Jeopardy: See ante, sec. 687. Rep. § 1166. Proceedings upon conviction or special verdict. If a general verdict is rendered against the defendant, or a special verdict is given, he must be remanded, if in custody, or if on bail, he may be committed to the proper officer of the county to await the judgment of the court upon the verdict. When committed, his bail is exonerated, or if money is deposited instead of bail, it must be refunded to the defendant. En. February 14, 1872. Cal.Rep.Cit. 68, 182. Crim. Prac. Act, sec. 432. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Bail: See post, secs. 1268 et seq. § 1167. Proceedings on acquittal on ground of insanity. If the jury render a verdict of acquittal on the ground of insanity, the court may order a jury to be summoned from the jury list of the county, to inquire whether the defendant continues to be insane. The court may cause the same witnesses to be summoned who testified on the trial, and other witnesses, and direct the district attorney to conduct the proceedings, and counsel may appear for the defendant. The court may direct the sheriff to take the defendant and retain him in custody until the question of continuing insanity is determined. If the jury find the defendant insane, he shall be committed by the sheriff to the state insane asylum.. If the jury find the defendant sane, he shall be discharged. En. Stats. 1873-4, 446. Inquiry into insanity of defendant before trial or after conviction: See post, secs. 1367 et seq. § 1173. § 1174. § 1175. § 1176. Exceptions to decision of the court by the defendant. What bill of exceptions is to contain. Written charges need not be excepted to. § 1170. To what decisions exceptions may be taken. On the trial of an indictment or information, exceptions may be taken by the defendant to a decision of the court: 1. In disallowing a challenge to the panel of the jury, or to an individual juror for implied or actual bias; 2. In admitting or rejecting testimony on the trial of a challenge to a juror for actual bias; 3. In admitting or rejecting testimony, or in deciding any question of law not a matter of discretion, or in charging or instructing the jury upon the law on the trial En. February 14, 1872. Am'd 1873-4, 447; 51, 470; 51, 496; 53, 184; 53, 603; 70, 11; 83, 381; 96, 140; 115, 167; of the issue. 1880, 25; 1901, 81. Cal.Rep.Cit. 49, 169; 56, 535; 59, 355; 87, 120; 96, 126; 96, 134; 123, 491; 124, 553; 132, 142; 134, 535; 135, 373; 135, 375. Subd. 2-123, 488. Subd. 3-134, 544; 135, 374. Crim. Prac: Act, sec. 433. En. April 20, 1850. 1851, 290. En. 1851, 212. Rep. Cal.Rep. Cit. 28, 218; 45, 142. Challenges to jury: See ante, secs. 1055 et seq. § 1171. When to be settled and signed. When a party desires to have the exceptions taken at the trial settled in a bill of exceptions, the draft of a bill must be prepared by him and presented, upon notice of at least two days to the district attorney, to the judge for settlement, within ten days after judgment has been rendered against him, unless further time is granted by the judge, or by a justice of the supreme court, or within that period the draft must be delivered to the clerk of the court for the judge. When received by the clerk, he must deliver it to the judge, or transmit it to him at the earliest period practicable. When settled, the bill must be signed by the judge and filed with the clerk of the court. En. February 14, 1872. Am'd. 1873-4, 447; 1881, 6. Cal.Rep.Cit. 51, 470; 53, 184; 53, 423; 53, 425; 55, 73; 76, 514; 77, 356; 78, 406; 106, 646; 115, 167; 122, 210; 136, 670. Crim. Prac. Act, sec. 434. 1851, 290. En. 1851, 212. Cal. Rep.Cit. 28, 218. § 1172. 86, 157; 94, 506; 106, 645; 135, 373; 136, 20; 136, 669; En. April 20, 1850. Rep. Exceptions to decision of court by either party. Exceptions may be taken by either party to the decision of a court or judge upon a matter of law: 1. In granting or refusing a motion to set aside an indictment or information. 2. In allowing or disallowing a demurrer to an indictment or information. 3. In granting or refusing a motion in arrest of judgment. 4. In granting or refusing a motion for a new trial. 5. In making, or refusing to make, an order after judgment affecting any substantial right of the parties. En. February 14, 1872. Am'd. 1885, 58. . Cal.Rep. Cit. 55, 74; 56, 535; 65, 175; 107, 478; 115, 161; 115, 167; 121, 495; 132, 142; 138, 32. Subd. 5-136, 21. Arrest of judgment: See post, secs. 1185-1188. New trial: See post, secs. 1179-1182. § 1173. Exceptions to decision of the court by the defendant. Exceptions may be taken by the defendant to a decision of the court upon a matter of law 1. In refusing to grant a motion for a change of the place of trial. 2. In refusing to postpone the trial on motion of the defendant. En. February 14, 1872. Cal.Rep.Cit. 55, 74; 56, 535; 65, 175; 115, 167; 132, 142; 138, 33. § 1174. Exceptions, how settled. Where a party desires to have the exceptions mentioned in the last two sections settled in a bill of exceptions, the draft of a bill must be prepared by him and presented, upon notice of at least two days to the adverse party, to the judge, for settlement, within ten days after the order or ruling complained of is made, unless further time is granted by the judge, or by a justice of the supreme court, or within that period the draft must be delivered to the clerk of the court for the judge. When received by the clerk, he must deliver it to the judge, or transmit it to him at the earliest period practicable. When settled, the bill must be signed by the judge, and filed with the clerk of the court. If the judge in any case refuse to allow an exception in accordance with the facts, the party desiring the bill settled may apply by petition to the supreme court to prove the |