Supreme Court Rules
Rule 29 - Rules of Criminal Procedure - Misdemeanors or Felonies - Verdict Sentence and New Trial
Publication / Adopted Date:
June 13, 1979
Misdemeanors or Felonies - Verdict
Revised / Effective Date:
January 1, 1980
29.01. Misdemeanors or Felonies - Verdict
The verdict shall be unanimous and be in writing. It shall be signed by the foreman and returned by the jury to the judge in open court.
If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.
Conviction of Lesser Included Offense
The defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if the attempt is an offense. The verdict shall specify the offense of which a defendant is found guilty.
Poll of Jury.
When a verdict is returned and before it is recorded the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberation or may be discharged.
(Adopted June 13, 1979, eff. Jan. 1, 1980.)
COMMITTEE NOTE - 1980
Paragraph (a) is substantially the same as prior Rule 27.01 (a).
Compare: Fed.R.Crim.P. 31(a).
Paragraph (b) is the same as Fed.R.Crim.P. 31(b) and it is substantially the same as prior Rule 27.01(b).
Paragraph (c) is the same as Fed.R.Crim.P. 31(c) except for the addition of the last sentence. It is substantially the same as prior Rule 27.01(c).
Paragraph (d) is the same as Fed.R.Crim.P. 31(d) and it is substantially the same as prior Rule 27.01(e).