COMPILED CODE - Iowa Legislature - State of Iowa

453
Tit. XXXIV, Ch. 32. TRIAL. §§ 9434-9454.
9 mation, and prior to the commencement of trial, the court, or any
10 judge thereof, on its own motion may order said information set aside
11 and said cause submitted to the grand jury.
[S., '13, § 5239-e; 39 G. A., ch. 204, § 1.]
CHAPTER 32.
TRIAL.
SECTION 9434. Order of trial. bf'Va'VSS*
reprinted to correct
1 The jury having been impaneled and sworn, the trial must pro- Siitod , SS2 n " of
2 ceed in the following order :
3 1. Reading indictment and plea. The clerk or county attorney
4 must read the indictment and state the defendant's plea to the jury.
5 2. Statement of state's evidence. The county attorney may
6 briefly state the evidence by which he expects to sustain the indict-
7 ment.
8 3. Statement of defendant's evidence. The attorney for the de-
9 fendant may then briefly state his defense, and the evidence by which
10 he expects to sustain it.
11 4. Offer of state's evidence. The state may then offer the evi-
12 dence in support of the indictment.
13 5. Offer of defendant's evidence. The defendant or his counsel
14 may then offer his evidence in support of his defense.
15 6. Rebutting or additional evidence. The parties may then, re--
16 spectively, offer rebutting evidence only, unless the court, for good
17 reasons, in furtherance of justice, permit them to offer evidence upon
18 their original case.
19 7. Arguments. When the evidence is concluded, unless the case
20 is submitted to the jury on both sides without argument, the county
21 attorney must commence, the defendant follow by one or two counsel, "
22 at his option, unless the court permit him to be heard by a larger
23 number, and the county attorney conclude, confining himself to a re-
24 sponse to the arguments of the defendant's counsel. Where two or
25 more defendants are on trial for the same offense, they may be heard
26 by one counsel each ; and when the affirmative of the issue is with the
27 defendant, the court may, in its discretion, award to the defendant
28 the last argument. The court shall not restrict counsel as to time in
29 their arguments to the jury.
30 8. Instructions. Upon the conclusion of the arguments, the court
31 shall charge the jury in writing, without oral explanation or qualifia
32 cation, stating the law of the case.
[C, '51, § 2991 ; R., '60, §§ 4785, 4788; C, '73, §§ 4420, 4423;
C, '97, § 5372.]
SEC. 9454. Instructions. No chain made
by 39 G. A. but
1 The rules relating to the instruction of juries in civil cases shall bü&SSi «fêSSSÎ
2 be applicable to the trial of criminal prosecutions.
[C, '51, §§ 3017, 3018; R., '60, §§ 4813, 4814; C, '73, §§ 4440,
4441 ; C, '97, § 5386.]