Section 15-17-2
Section 15-17-2
When jury cannot agree upon verdict as to all jointly tried defendants.
When several persons are indicted and tried jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they agree, on which a judgment must be entered accordingly, and the case as to the other defendants may be tried by another jury.
(Code 1852, §652; Code 1867, §4204; Code 1876, §4909; Code 1886, §4483; Code 1896, §5307; Code 1907, §7316; Code 1923, §8698; Code 1940, T. 15, §324.)Section 15-17-3
Section 15-17-3
Conviction where act may be committed by different intents, modes or means.
When the intent with which, the mode in or the means by which an act is done is essential to the commission of the offense and such offense may be committed with different intents, in different modes or by different means, if the jury is satisfied that the act was committed with one of the intents, in one of the modes or by either of the means charged, it is sufficient; and the jury must convict, although uncertain as to which of the intents charged existed, in which mode or by which of the means charged such act was committed.
(Code 1852, §644; Code 1867, §4196; Code 1876, §4898; Code 1886, §4480; Code 1896, §5304; Code 1907, §6874; Code 1923, §4020; Code 1940, T. 15, §313.)Section 15-17-4
Section 15-17-4
Conviction if any result charged produced by act.
When an act done may be attended by more results than one, either of which is sufficient to constitute the offense, the jury must convict if satisfied that any one of the results charged was produced by the act, although uncertain as to which.
(Code 1852, §645; Code 1867, §4197; Code 1876, §4899; Code 1886, §4481; Code 1896, §5305; Code 1907, §6875; Code 1923, §4021; Code 1940, T. 15, §314.)Section 15-17-5
Section 15-17-5
Grounds for granting new trials; costs thereof.
(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds:
(1) Irregularity in the proceedings of the court, jury or state or any order of court or abuse of discretion by which the defendant was prevented from having a fair trial;
(2) Misconduct of the jury or state;
(3) Accident or surprise which ordinary prudence could not have guarded against;
(4) That the verdict or decision is not sustained beyond a reasonable doubt or is contrary to law;
(5) Newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial; and
(6) Error of law occurring at the trial properly preserved by the party making the application.
(b) The court, in granting new trials, may allow the same at the costs of the party applying therefor or in the costs abiding the event of the case, or a portion of the costs, as the justice and equity of the case may require, taking into consideration the causes which may make such new trial necessary.
(Code 1923, §9518; Code 1940, T. 7, §276.)
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