TITLE 19

CRIMINAL PROCEDURE

CHAPTER 21

TRIAL

19-2101.  Order of trial. The jury having been impaneled and sworn, the trial must proceed in the following order:

1.  If the indictment is for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.

2.  The prosecuting attorney or other counsel for the people must open the cause and offer the evidence in support of the indictment.

3.  The defendant or his counsel may then open the defense and offer his evidence in support thereof.

4.  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.

5.  When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the prosecuting attorney or other counsel for the people must open, and the prosecuting attorney may conclude, the argument.

6.  The judge must then charge the jury if requested by either party; he may state the testimony and declare the law, but must not charge the jury in respect to matters of fact; such charge must be reduced to writing before it is given, unless by the mutual consent of the parties it is given orally.

History:

[(19-2101) Cr. Prac. 1864, sec. 354, p. 255; R.S., R.C., & C.L., sec. 7855; C.S., sec. 8941; I.C.A., sec. 19-2001.]