19-2126. CUSTODY OF JURY DURING TRIAL. The jury sworn to try any felony may, at any time during the trial, and after the submission of the cause, in the discretion of the court, be permitted to separate, or they may be kept together, in the charge of a proper officer. Provided however, that in causes where the defendant has been charged with first-degree murder, and the prosecuting attorney has filed a notice of intent to seek the death penalty pursuant to section 18-4004A, Idaho Code, and such notice has not been withdrawn, the jury may not be permitted to separate after submission of the cause and completion of the special sentencing proceeding held pursuant to section 19-2515 or 19-2515A, Idaho Code. Before permitting the jury to separate after the cause has been submitted, the court shall permit counsel to place objections, if any, on the record outside the presence of the jury. In case the court orders the jury to be kept together the county must provide a suitable place for the board and lodging of the jury, at the expense of the county, and when first given custody of the jury the officer or bailiff must be sworn to keep the jury together during each recess and adjournment during the trial; to allow no person to speak to or communicate with them, or any of them, nor to do so himself, on any subject connected with the trial, and to return them into court as ordered by the court.
History:
[(19-2126) Cr. Prac. 1864, sec. 379, p. 258; am. 1881, p. 227, sec. 4; R.S., R.C., & C.L., sec. 7880; C.S., sec. 8966; am. 1929, ch. 14, sec. 1, p. 14; I.C.A., sec. 19-2026; am. 1981, ch. 229, sec. 1, p. 466; am. 1987, ch. 145, sec. 1, p. 290; am. 2002, ch. 94, sec. 11, p. 262; am. 2003, ch. 19, sec. 3, p. 72; am. 2003, ch. 136, sec. 2, p. 394; am. 2008, ch. 22, sec. 1, p. 35.]
Structure Idaho Code
Section 19-2101 - ORDER OF TRIAL.
Section 19-2102 - WHEN ORDER MAY BE DEPARTED FROM.
Section 19-2103 - ARGUMENT TO JURY.
Section 19-2104 - PRESUMPTION OF INNOCENCE — REASONABLE DOUBT.
Section 19-2105 - DOUBT AS TO DEGREE OF CRIME.
Section 19-2106 - TRIAL OF JOINT DEFENDANTS.
Section 19-2107 - DISCHARGE OF CODEFENDANT FOR USE AS WITNESS.
Section 19-2108 - DISCHARGE OF DEFENDANT TO TESTIFY FOR CODEFENDANTS.
Section 19-2109 - DISCHARGE EQUIVALENT TO ACQUITTAL.
Section 19-2110 - RULES OF EVIDENCE.
Section 19-2111 - CONSPIRACY — SUFFICIENCY OF EVIDENCE.
Section 19-2113 - BIGAMY — PROOF OF MARRIAGE.
Section 19-2114 - FORGING BANK BILLS — PROOF OF INCORPORATION — EXPERT WITNESSES.
Section 19-2115 - ABORTION AND ABDUCTION — CORROBORATING TESTIMONY.
Section 19-2116 - FALSE PRETENSE — SUFFICIENCY OF EVIDENCE.
Section 19-2117 - TESTIMONY OF ACCOMPLICE — CORROBORATION.
Section 19-2118 - DISCHARGE OF JURY FOR WANT OF JURISDICTION, OR INSUFFICIENCY OF INDICTMENT.
Section 19-2119 - DISCHARGE OF JURY FOR WANT OF JURISDICTION — OFFENSE COMMITTED OUT OF STATE.
Section 19-2120 - OFFENSE COMMITTED IN ANOTHER COUNTY.
Section 19-2121 - PROCEDURE IF DEFENDANT NOT ARRESTED — PROCEDURE IF DEFENDANT ARRESTED.
Section 19-2122 - PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT.
Section 19-2123 - ADVISORY INSTRUCTION TO ACQUIT.
Section 19-2124 - VIEW OF PREMISES BY JURY.
Section 19-2125 - DISCLOSURE OF FACTS KNOWN BY JUROR.
Section 19-2126 - CUSTODY OF JURY DURING TRIAL.
Section 19-2127 - ADMONISHMENT OF JURY ON ADJOURNMENTS.
Section 19-2128 - DISCHARGE OF JUROR FOR ILLNESS OR DISABILITY — SUBSTITUTE JUROR.
Section 19-2129 - DECISION OF QUESTIONS OF LAW.
Section 19-2130 - DECISION OF QUESTIONS OF LAW AND FACT — TRIAL FOR LIBEL.
Section 19-2132 - INSTRUCTIONS TO JURY — REQUESTS — INSTRUCTIONS ON INCLUDED OFFENSES.
Section 19-2133 - RETIREMENT OF JURY — OATH OF BAILIFF.
Section 19-2134 - COMMITMENT OF DEFENDANT PENDING TRIAL.
Section 19-2135 - ABSENCE OF PROSECUTING ATTORNEY — APPOINTMENT OF SUBSTITUTE.