CHAPTER II. Conduct of the Jury, After the Cause Is Submitted to Them. Sec. 423. Room and accommodations for the jury after retirement, how provided. 424. Accommodations for the jury, when kept together during the trial, or after retirement. 425, 426. What papers the jury may take with them. 427. May return into court, for information. 428. When jury to be discharged before agreement. 429. Reason for discharge. 430. When jury discharged or prevented from giving a verdict, cause to 431. Court may adjourn during absence of jury, as to other business, but 423. Room and accommodations retirement, how provided. for the jury after A room must be provided by the supervisors of the county (or if the trial be in a city court, by the corporate authorities of the city), for the use of the jury, upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery. If the supervisors or corporate authorities neglect this duty, the court may order the sheriff to perform it; and the expenses incurred by him in carrying the order into effect, when certified by the court, are a county charge. 424. Accommodations for the jury, when kept together during the trial, or after retirement. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they must be provided by the sheriff, upon the order of the court, at the expense of the county (or if the trial be in a city court, at the expense of the city), with suitable and sufficient food and lodging. § 425. What papers the jury may take with them. The court may permit the jury, upon retiring for deliberation, to take with them any paper or article which has been received as evidence in the cause, but only upon the consent of the defendant and the counsel for the people. Clothing of deceased. People v. Hughson, 154 N. Y. 153. Rep. 225. People v. Draper, 28 Hun, 1; People v. Seeley, 3 N. Y. Cr. Revolver with which the crime was committed. Div. 39. See People v. Dolan, 186 N. Y. 4. § 426. Id. People v. Gallagher, 75 App. The jury may also take with them notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person. $ 427. May return into court, for information. After the jury have retired for deliberation, if there be a disagreement between them, as to any part of the testimony, or if they desire to be informed of a point of law arising in the cause, they must require the officer to conduct them into court. Upon their being brought into court, the information required must be given after notice to the district attorney and to the counsel for the defendant, and in cases of felony, in the presence of the defendant. Failure to notify defendant's counsel is a fatal error. People v. Cassiano, 30 Hun, 388; 1 N. Y. Cr. Rep. 505; Cornish v. Graff, 36 Hun, 160; People v. Kennedy, 57 Hun, 532. Technical error. People v. Moore, 50 Hun, 356. Second return. People v. Parker, 137 N. Y. 535. Communication from judge. People v. Kelly, 2 N. Y. Cr. Rep. 15. § 428. When jury to be discharged before agreement. After the jury have retired to consider of their verdict, they can be discharged before they shall have agreed thereon only in the following cases: 1. Upon the occurrence of some injury or casualty affecting the defendant, the jury or some one of them, or the court, rendering it inexpedient to keep them longer together; or 2. When after the lapse of such time as shall seem reasonable to the court, they shall declare themselves unable to agree upon a verdict; or 3. When, with the leave of the court, the public prosecutor and the counsel for the defendant consent to such discharge. People v. Buchanan, 25 N. Y. Supp. 481. Remarks by court. Berry v. People, 1 N. Y. Cr. Rep. 43. Subd. 2. People v. Denton, 2 John. Cas. 275. § 429. Reason for discharge. Whenever the jury is discharged without a verdict, the reason for the discharge must be entered on the minutes. § 430. When jury discharged or prevented from giving a verdict, cause to be again tried. In all cases where a jury are discharged, or prevented from giving a verdict, by reason of an accident or other cause, except where the defendant is discharged from the indictment, during the progress of the trial, or after the cause is submitted to them, the cause may be again tried at the same or another term. Long deliberation. 18 John. 187. People v. Denton, 2 John. Cas. 275; People v. Goodwin, Separation of jury no bar. People v. Reagle, 60 Barb. 527. 431. Court may adjourn during absence of jury, as to other business, but deemed open till verdict rendered or jury discharged. While the jury are absent, the court may adjourn from time to time, as to other business; but it is nevertheless deemed open, for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. Power of court. People v. Sullivan, 115 N. Y. 185; People v. Clews, 4 Abb. N. C. 256. § 432. Final adjournment of court discharges jury. A final adjournment of the court discharges the jury, but any term of a court may be continued for the purpose of finishing a trial or receiving a verdict. People ex rel. Weick v. Warden of City Prison, 117 App. Div. 154. 133 CHAPTER III. The Verdict. Bec. 433. When the jury have agreed, to be brought into court and their names called. If all do not appear, jury to be discharged and cause again tried. 434. In felony, defendant must be present. be rendered in his absence. 435. Manner of taking the verdict. 436. Verdict may be general or special. 437. General verdict. 438. Special verdict. 439, 440. Special verdict, how rendered. In misdemeanor, verdict may 441. Special verdict, how brought to argument. 442. Judgment thereon. 443. When special verdict defective, new trial to be ordered. 444. Upon indictment for crime consisting of different degrees, Jury may convict of any degree or of any attempt to commit the crime. 445. In other cases, jury may convict of any offense necessarily included in that charge. 446. On indictment against several, jury may render a verdict as to some, and the cause be again tried as to the others. 447, 448. In what cases court may direct a reconsideration of the verdict. 449. When judgment may be given upon an informal verdict. 450. Polling the jury. 451. Recording the verdict. 452. Defendant, when to be discharged or detained after acquittal. 433. When the jury have agreed to be brought into court and their names called. If all do not appear, jury to be discharged and cause again tried. 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 all do not appear, the rest must be discharged without giving a verdict. In that event, the cause may be again tried, at the same or another term. § 434. In felony, defendant must be present. In misdemeanor, verdict may be rendered in his absence. If the indictment be for a felony, the defendant must, before the verdict is received, appear in person. If it be for a misdemeanor, the verdict may be rendered in his absence. Arraignment. See $ 297, 298, ante. Corporation. See 681, post. See 427, ante. Passing sentence. Safford v. People, 1 Parker, 474. 435. Manner of taking the verdict. If the jury appear, they must be asked by the court or the clerk, whether they have agreed upon their verdict; and if the foreman answer in the affirmative, they must, on being required, declare the same. § 436. Verdict may be general or special. The jury may either render a general verdict, or when they are in doubt as to the legal effect of the facts proved, they may, except upon an indictment for libel, find a special verdict. See Penal Code, § 10. General verdict. People v. Rugg, 98 N. Y. 537; 3 N. Y. Cr. Rep. 172; People v. Taylor, 3 N. Y. Cr. Rep. 297; People v. McClure, 148 N. Y. 95; Conkey & Herrington v. People, 5 Parker, 31. No enlargement of special verdict. Miller v. People, 25 Hun, 473; 5 Parker, 31. 437. General verdict. 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 indictment. Upon a plea of a former conviction or acquittal of the same offense, it is either "for the people," or "for the defendant." In case of murder. People v. Rugg, 98 N. Y. 537; 3 N. Y. Cr. Rep. 172. Assault. People v. Taylor, 3 N. Y. Cr. Rep. 297. Former acquittal. 29. People v. Burch, 1 N. Y. St. Rep. 751; 5 N. Y. Cr. Rep. Defined. People v. Bork, 1 N. Y. Cr. Rep. 393. Sentence under verdict of guilty. Hawker v. People, 75 N. Y. 487; People v. Bruno, 6 Parker, 657; People v. McGeery, 6 Parker, 653. See People v. Trimble, 131 N. Y. 118, affg. 60 Hun, 364. 438. Special verdict. 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 the evidence, and not the evidence to prove them; and these conclusions of fact must be so presented, as that nothing remains to the court, but to draw from them conclusions of law. Form of verdict. People v. Taylor, 3 N. Y. Cr. Rep. 297; People v. Hale, 1 N. Y. Cr. Rep. 533; People v. Dowling, 84 N. Y. 478. Special verdict can not be enlarged by intendment. Miller v. People, 25 Hun, 473. 439. Special verdict, how rendered. 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, before they are discharged. Form of verdict. People v. Taylor, 3 N. Y. Cr. Rep. 297. § 440. Id. The special verdict need not be in any particular form, but is sufficient, if it present intelligibly the facts found by the jury. Good special verdict. People v. Hale, 1 N. Y. Cr. Rep. 533. |