First. The counsel for the defendant must open the case and offer evidence in support of the allegation of insanity. Second. The counsel for the State may then open their case and offer evidence in support thereof. Third. The parties may then respectively offer rebutting testimony only, unless the court, for good reason in furtherance of justice, permit them to offer evidence upon their original case. Fourth. When the evidence is concluded, unless the case be submitted to the jury on either side or on both sides, without argument, the counsel for the State must commence, and the defendant or his counsel may conclude, the argument to the jury. Fifth. If the indictment be for an offense punishable with death two counsels on each side may argue the causes to the jury, in which case they must do so alternately. If it be for any other offense, the court may, in its discretion, restrict the argument to one counsel on each side. Sixth. The court must then charge the jury before argument as in other cases. (6052, R. L. 1910.) 429. Rules Governing Trial-The provisions of the article on trials, in respect to the duty of the court upon questions of law, and of the jury upon questions of fact, and the provisions in respect to the charge of the court to the jury, upon the trial of an indictment or information, apply to the questions of insanity. (6053, R. L. 1910.) 430. If Sane, Trial to Proceed-If the jury find the defendant sane, the trial of the indictment must proceed, or judgment may be pronounced as the case may be. (6054, R. L. 1910.) . 431. If Insane, Judgment to Be Suspended-If the jury find the defendant is insane, the trial or judgment must be suspended until he becomes sane, and the court, if it deem his discharge dangerous to the public peace or safety, may order that he be, in the meantime, committed to the care of the sheriff until he become sane. (6055, R. L. 1910.) 432. Commitment Exonerates Bail-The commitment of the defendant as mentioned in the last section, exonerates his bail, or entitles the person authorized to receive the property of the defendant to the return of money he may have deposited instead of bail. (6056, R. L. 1910.) 433. Restoration to Sanity-When the defendant becomes sane the sheriff must thereupon, without delay, place him in the proper custody until he be brought to trial or judgment, as the case may be, or be legally discharged. (6057 R. L. 1910.) 434. Expense of Keeping Defendant-The expenses of keeping the defendant are in the first instance chargeable to the county, but the county may recover them from the estate of the defendant, if he have any, or from a relative. (6058, R. L. 1910.) 435. Court Appoints Time for Judgment-After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or acquittal, if the judgment is not arrested or a new trial granted, the court must appoint a time for pronouncing judgment. (5942, R. L. 1910.) On plea of guilty, jury cannot assess punishment. State v. Johnson, 1 Okla. Cr. 155, 96 P. 26. When sentence is not stayed as provided by law, defendant should be forthwith committed, but if this is not done and the time has elapsed, no commitment can issue. Ex parte Clendening, 1 Okla. Cr. 227, 97 P. 650; Ex parte Eley, 9 Okla. Cr. 76, 130 P. 821. Expiration of time without imprisonment is not an execution of sentence. Ex parte Eldridge, 3 Okla. Cr. 499, 106 P. 980; Ex parte Alexander, 5 Okla. Cr. 196, 113 P. 993; Ex parte Oliver, 11 Okla. Cr. 537; Ex parte McClure, 6 Okla. Cr. 241, 118 P. 591. Where there is variance between verdict and sentence, cause will be remanded for sentence in accord with verdict. Wood v. State, 4 Okla. Cr. 437; Caudill v. State, 9 Okla. Cr. 66, 130 P. 812; Dunbar v. State, 15 Okla. Cr. 513, 178 P. 699. 436. When Time to Be-The time appointed must be at least two days after the verdict, if the court intend to remain in session so long; or, if not, at as remote a time as can reasonably be allowed. (5943, R. L. 1910.) 437. Defendant May Be Absent, When-For the purpose of judgment, if the conviction is for misdemeanor, judgment may be pronounced in the defendant's absence. (5944, R. L. 1910.) 438. Officer to Produce Prisoner-When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so accordingly. (5945, R. L. 1910.) 439. Warrant for Defendant Not Appearing-If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of money deposited, may direct the clerk to issue a bench warrant for his arrest. (5946, R. L. 1910.) It must affirmatively appear from record that the court expected to and did remain in session two days after verdict before defendant can complain of sentence before expiration of such time. Howard v. State, 2 Okla. Cr. 201, 101 P. 131; McCord v. State, 2 Okla. Cr. 209, 101 P. 135; Dalton v. State, 6 Okla. Cr. 368, 118 P. 1001. Defendant may waive statutory time for judgment and sentence. Jones v. Terr., 4 Okla. 46; Kerkandall v. State, 5 Okla. Cr. 570, 115 P. 612. Sentence may be pronounced at a subsequent term. Ex parte Sparks, 9 Okla. Cr. 665, 132 P. 1118; Beaubein v. State, 13 Okla. Cr. 440, 165 P. 213. Judgment and sentence a different time is fixed. Judgment and sentence having been passed, a second sentence cannot be imposed. Ex parte Myers, 12 Okla. Cr. 575, 160 P. 939. takes effect from the time of its entry, unless Jones v. Terr., 4 Okla. 45. Commitment issued without judgment and sentence is void. Ex parte Blum, 13 Okla. Cr. 300, 164 P. 136. Judgment for imprisonment only, when the law requires both imprisonment and fine, is not void. Ex parte Files, 13 Okla. Cr. 163, 162 P. 1136. A judgment on an illegal verdict does not operate as an acquittaldefendant may be re-tried. Allen v. State, 13 Okla. Cr. 533, 165 P. 745. 440. Clerk to Issue Warrant-The clerk, on the application of the county attorney, may, accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties. (5947, R. L. 1910.) 441. Form of Warrant-The bench warrant must be substantially in the following form: The State of Oklahoma, To any sheriff, constable, marshal or policeman in this State: A. B. having been, on the________day of‒‒‒‒‒‒‒‒A. D.‒‒‒‒‒‒ 19---- duly convicted in the.... ---court of the county of of the crime of (designating it generally), you are therefore commanded forthwith to arrest the above named A. B. and bring him before that court for judgment, or if the court has adjourned for the term, you are to deliver him into the custody of the sheriff of the county of________ (as the case may be). Given under my hand, with the seal of said court affixed, this________ day of________A. D., 19----. By order of the court. E. F., Clerk. (5948, R. L. 1910.) 442. Warrant Served How-The bench warrant may be served in any county, in the same manner as a warrant of arrest, except that when served in another county, it need not be indorsed by a magistrate of that county. (5949, R. L. 1910.). 443. Defendant to Be Arrested-Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court, or commit him to the officer mentioned in the warrant, according to the command thereof. (5950, R. L. 1910.) 444. Defendant Informed of Proceedings-When the defendant appears for judgment, he must be informed by the court, or by the clerk under its direction, of the nature of the indictment or information, and his plea and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him. (5951, R. L. 1910.) Failure of court to inform defendant under terms of this section will necessitate returning defendant for proper judgment and sentence. Rhea v. U. S., 6 Okla. 249. 445. Defendant May Show Cause Against Judgment-He may show for cause against the judgment: First. That he is insane; and if, in the opinion of the court, there is reasonable ground for believing him to be insane, the question of his insanity must be tried as hereinafter in this |