The Constitution And the Penal Code of the Preston School of Industry
The Constitution And the Penal Code of the Preston School of Industry
Preston School of Industry
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THE PENAL CODE 49 Chapter II THE TRIAL 1. The jury having been impaneled and sworn, the trial must proceed in the following order, unless otherwise directed by the court: (a) If the indictment or information be for felony, the clerk must read it, and state the plea of the defend- ant to the jury, and in cases where it charges a prev- ious conviction, and the defendant has confessed the same, the clerk in reading shall omit therefrom all that relates to such previous conviction. In all other cas...es this formality may be dispensed with. (b) The district attorney, or other counsel for the people must open the cause and offer the evidence in sup- port thereof. (c) The defendant or his counsel may then open the de- fense, and offer his evidence in support thereof. (d) 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. (e) When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the district attorney or other coun- sel for the people, and counsel for the defendant, may argue the case to the court and jury ; the district attorney or counsel for the people opening the argu- ment, and having right to close.
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