(a)Return. The verdict shall be unanimous. It shall be returned by the jury to the judge in open court.(b)Several Defendants. 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.(c)Conviction of Lesser 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 the offense necessarily included therein if the attempt is an offense. When it appears that the defendant has committed a crime, and there is reasonable ground of doubt in which of two or more degrees the defendant is guilty, the defendant can be convicted of the lowest of those degrees only.(d)Poll of Jury. When the 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 deliberations or may be discharged.(e)Special Verdicts-Insanity. Where a defendant interposes the defense of insanity and evidence thereof is given at the trial, the jury, if it finds the defendant not guilty on that ground, shall declare that fact in their verdict.(f)Sealed Verdict. The court may permit the foreman of the jury to date, sign and seal in an envelope a verdict reached after the usual business hours. The jury may then separate, but all must be in the jury box to deliver the verdict when the court next convenes or as instructed by the court. When the court authorizes a sealed verdict, it shall admonish the jurors not to make any disclosure concerning it nor speak with other persons concerning the case until the verdict has been returned and the jury discharged.
Adopted by SCO 4 10/4/1959; amended by SCO 49 effective 1/1/1963; amended by SCO 316 effective 9/1/1978; by SCO 427 effective 8/1/1980; by SCO 1114 effective 1/15/1993; and by SCO 1153 effective 7/15/1994