Trial may be postponed. Defendant must be present. Defendant may demur, when. It demurrer is sustained, new complaint must be filed. How officer must serve warrant. transferred to a justice of a precinct in the same county where the same prejudice does not exist. SEC. 8. When a change of the place of trial is ordered, the justice must transmit to the justice before whom the trial is to be had all the original papers in the cause, with a certified copy of the minutes of his proceedings; and upon receipt thereof, the justice to whom they are delivered must proceed with the trial in the same manner as if the proceeding or action had been originally commenced in his court. SEC. 9. Before the commencemeut of a trial in a justice's court, either party may upon good cause shown, have a reasonable postponement thereof. SEC. 10. The defendant must be personally present before the trial can proceed. SEC. 11. The defendant may demur to the complaint when it appears upon the face thereof: 1. That it does not conform to the requirements of Section 1 of this act. 2. That the facts stated do not constitute a public offense. SEC. 12. If the demurrer be sustained a new complaint must be filed within such time not exceeding one day as the justice may name; if such new complaint be not filed the defendant must be discharged. SEC. 13. The officer who receives the warrant must serve the same by arresting the defendant, if in his power to do so, and bring him without unnecessary delay before the justice who issued the same. When trial by CHAPTER II. Formation of the Jury. SEC. 16. A trial by jury shall be deemed to be waived jury deemed to unless a jury be demanded by the defendant. If he demand a jury, it shall be formed in the manner provided in this Chapter. be waived. Jury to consist of six persons. Qualifications of. SEC. 17. The jury in a criminal case tried before a justice of the peace, shall consist of six persons, having the following qualifications: 1. They shall be male citizens of the United States over the age of twenty-one years; and 2. Able to read and write the English language; and 3. Residents of the precinct at least six months before being actually called to serve; and 4. Taxpayers in the Territory; and 5. Of reputed sound mind and discretion and not so disabled in body as to be unable to serve. SEC. 18. The court must issue a venire to the sheriff, constable, or city marshal of the jurisdiction, requiring such officer to summon as many persons, competent to act as jurors as the court may deem necessary; and from the persons so summoned shall be selected the persons to try the case, Provided, That if the number first summoned shall become exhausted by challenge or otherwise, before the jury is completed, the court must issue another venire requiring the officer to summon such additional number as may be deemed necessary, and so on until the jury is completed. Court may issue officer to sum venire requiring mon persons to act as jurors. Proviso. Jurors may be orally, SEC. 19. Such jurors must be summoned from the persons resident of the city or precinct, competent to serve summoned as jurors, by notifying them orally that they are so summoned and of the time and place at which their attendance is required, but no juror shall be summoned from the bystanders. SEC. 20. The officers summoning such jurors must, Officer must reat or before the time fixed in the venire for their appear- turn venire to ance, return it to the court with a list of the persons sum- endorsement. moned endorsed thereon. the court with any part of in SEC. 21. When an incorporated city comprises two Jurors may be or more precincts, jurors may be summoned from any por- summoned from tion of such city, regardless of the particular precinct in corporated city. which they reside, and may serve in any precinct of such city. SEC. 22. A person is not competent to act as a who is not juror: 1. Who does not possess the qualifications prescribed by Section 17, Chapter II. of this act. 2. Who has been convicted of malfeasance in office or any felony or other high crime. 3. Who is an officer or soldier of the United States or a person subject to their military control. competent to act as juror. SEC, 23. A person is exempt from liability to act as Who is exempt a juror if he be: 1. A judicial or civil officer of the United States, or of the Territory of Utah. 2. A person holding a county office. from liability to act as a juror. Person exempt may serve, when be excused. 4. 5. An attorney and counselor-at-law. A person editing a newspaper or periodical. A teacher in a college, academy or school. 6. A practicing physician or surgeon. 7. An officer, keeper or attendant of an almshouse, hospital, asylum, or other charitable institution. 8. Engaged in the performance of duty as officer or attendant of a county jail or the Territorial prison. 9. An express agent, mail carrier, telegraph operator, miller, or a keeper of a public ferry or toll gate. store. 10. A dispensing druggist of a prescription drug 11. A superintendent, engineer, conductor, fireman or station agent of a railroad. SEC. 24. A person summoned as a juror in a criminal case, in a justice's court, entitled to exemption under the provisions of the preceding section, may nevertheless serve if he be otherwise competent, and do not insist upon his right of exemption. When juror can SEC. 25. A juror cannot be excused by the court for slight or trivial cause, or for hardship or inconvenience to his business, but only when material injury or destruction to his property, or that of the public entrusted to him is threatened, or when his own health, or the sickness or death of a member of his family requires his absence. What persons exempt must state under oath. Challenge to jurors. SEC. 26. If a person exempt from liability to act as a juror, as provided in Section 23 of this Chapter be summoned as a juror, he may state to the court under oath his office, occupation or employment; and if it appear from such statement that he is entitled to exemption he may be excused by the court. SEC. 27. The provisions of Chapter I., of Title VI. of "An Act regulating the mode of Procedure in Criminal Cases," approved February 22, 1878, and amended in 1884, relative to challenging jurors, shall govern in justices' courts so far as the same are applicable to proceedings in criminal cases in said courts. Oath to be administered to jury. SEC. 30. CHAPTER III. The Trial. The jury having been impaneled the court must administer to them the following oath: "You do swear that you will well and truly try this issue between the Jury must sit SEC. 31. After the jury are sworn they must sit together and hear the proofs and allegations of the parties together in pres which must be delivered in public, and in the the defendant. presence of ence of defend ant. SEC. 32. The court must decide all questions of law Court must de which may arise in the course of the trial, but can give no cide questions of charge with respect to matters of fact. law, etc. retire for con SEC. 33. After hearing the proofs and allegations Jury may decide the jury may decide in court, or may retire for considera- in court or may tion. If they do not immediately agree an officer must be sideration sworn to the following effect: "You do swear that you will keep this jury together in some quiet and convenient place, that you will not permit any person to speak to them, nor speak to them yourself, unless by order of the court, or to ask them whether they have agreed upon a ver- Officer must be dict; and that you will return them into court when they charge of jury. have so agreed, or when ordered by the court." sworn to take publicly deliv SEC. 34. When the jury have agreed on their ver- Verdict must be dict, they must deliver it publicly to the court, who must ered. enter or cause it to be entered, in the minutes. defendants are SEC. 35. When several defendants are tried together, when several if the jury cannot agree upon a verdict as to all, they may tried, verdict render a verdict as to those in regard to whom they do may be rendered agree, on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury. as to one or more. discharged until SEC. 36. The jury cannot be discharged after the Jury cannot be cause is submitted to them, until they have agreed upon they have and rendered their verdict, unless for good cause the court agreed, unless. sooner discharges them. charged the SEC. 37. If the jury is discharged, as provided in If jury disthe last section, the court may proceed again to the trial, in the same manner as upon the first trial, and so on until a verdict is rendered. Court may proceed again to the trial. ness, another SEC. 38. If a juror be incapacitated by sickness for If juror incapac attendance through the trial, another juror may be sum-itated by sick moned and the trial commenced over again, or the jury may be sum discharged and a new jury impaneled. moned, etc. Defendant may move for new trial, etc. When new trial CHAPTER IV. New Trial and Arrest of Judgment. SEC. 41. At any time before judgment, defendant may move for a new trial or in arrest of judgment. SEC. 42. A new trial may be granted in the follow may be granted. ing cases: 1. When the trial has been had in the absence of the defendant, unless he voluntarily absent himself, with full knowledge that a trial is being had. Arrest of judg. ment may be founded on defect in com plaint; effect of. court. 2. When the jury has received any evidence out of 3. When the jury has separated without leave of the court, after having retired to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case. 4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors. 5. When there has been error in the decision of the court, given on any question of law, during the course of the trial. 6. When the verdict is contrary to law or evidence. 7. When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial; but when a motion for a new trial is made upon this ground, the defendant must produce at the hearing the affidavits of the witnesses by whom such newly-discovered evidence is expected to be given. SEC. 43. The motion in arrest of judgment may be founded on any substantial defect in the complaint, and the effect of an arrest of judgment is to place the defendant in the same situation in which he was before the trial was had. If judgment not SEC. 44. If the judgment is not arrested, or a new arrested, or new trial granted, judgment must be pronounced at the time judgment must appointed, and entered in the minutes of the court. trial granted, be pronounced. |