Arkansas Code Title 16, Subtitle 6, Chapter 89 - Trial and Verdict

• § 16-89-101 - Trial Times and Postponements.
  (a) (1) When any circuit court is duly convened for a regular term, the court shall remain open for all criminal proceedings until its...
• § 16-89-102 - Severance.
  (a) When two (2) or more defendants are jointly indicted for a misdemeanor, they may be tried jointly or separately in the discretion of...
• § 16-89-103 - Presence of Defendant.
  (a) (1) If the indictment is for a felony, the defendant must be present during the trial. (2) (A) (i) If he or she...
• § 16-89-104, 16-89-105 - [Repealed.]
• § 16-89-106 - Defendant on Bail for Felony Indictment.
  During the trial of an indictment for felony, when the defendant is on bail, he or she may remain on bail or be committed...
• § 16-89-107 - Trial of Issues of Law or Fact.
  (a) (1) Issues of law shall be tried by the court. (2) An issue of law arises on a demurrer to the indictment. (3)...
• § 16-89-108 - Waivers of Trial by Jury and Death Penalty.
  (a) In all criminal cases, except where a sentence of death may be imposed, trial by a jury may be waived by the defendant,...
• § 16-89-109 - Oath of Jury Members.
  When a jury of twelve (12) qualified jurors shall have been duly impaneled, they shall be sworn substantially as follows:....................."You, and each of you,...
• § 16-89-110 - Opening Statements.
  (a) The prosecuting attorney may then: (1) Read the indictment to the jury; (2) State the defendant's plea to the indictment and the punishment...
• § 16-89-111 - Evidence Generally.
  (a) The state shall first offer the evidence in support of an indictment or information.(b) The defendant or his or her counsel shall then...
• § 16-89-112 - Evidence -- Proof of Certain Acts or Facts.
  (a) In trials for treason, no evidence shall be given of an overt act that is not expressly laid in the indictment, and no...
• § 16-89-113 - Evidence -- Acquittal Upon Certain Insufficient Evidence.
  (a) In all cases where, by law, two (2) witnesses, or one (1) witness with corroborating circumstances are requisite to warrant a conviction, the...
• § 16-89-114 - Documents -- Production Generally.
  Upon motion of either party, the court by its order and process may compel the production of any written document or any other thing...
• § 16-89-115 - Documents -- Production Where in Possession of State.
  (a) In any criminal prosecution brought by the State of Arkansas, no statement or report in the possession of the state which was made...
• § 16-89-116 - Documents -- Discovery and Inspection.
  (a) Upon motion of a defendant, the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph any...
• § 16-89-117 - Limitation of Witness Fees in Misdemeanor Trials.
  In no trial of any misdemeanor in circuit court shall the fees of more than five (5) witnesses be taxed against any county or...
• § 16-89-118 - Conduct of Jury.
  (a) (1) In the discretion of the court, the jurors may be permitted to separate or be kept together in the charge of proper...
• § 16-89-119 - Lack of Jurisdiction.
  (a) If, during the trial, it shall appear that the offense was committed out of the jurisdiction of the court, but within the jurisdiction...
• § 16-89-120 - Proof of Higher Offense.
  (a) If, during the trial, the court shall be of the opinion that the facts proved constitute an offense of a higher nature than...
• § 16-89-121 - Facts Charged Do Not Constitute Offense.
  If, during the trial, the court is of the opinion that the facts charged in the indictment do not constitute an offense punishable by...
• § 16-89-122 - Dismissal of Indictment.
  The prosecuting attorney, with the permission of the court, may at any time before the case is finally submitted to the jury dismiss the...
• § 16-89-123 - Order of Final Arguments.
  (a) If the case is not submitted without argument, the party having the burden of proof shall have the opening and conclusion of the...
• § 16-89-124 - Exceptions to Decisions of the Court.
  (a) Upon the trial of criminal or penal prosecutions, either party may except to any decision of the court by which the substantial rights...
• § 16-89-125 - Deliberation of Jury.
  (a) While the jury is absent, the court may adjourn from time to time as to other business, but it shall be deemed open...
• § 16-89-126 - Verdict Generally.
  (a) When the jury has agreed upon their verdict, they must be conducted into court by the officer having them in charge, their names...
• § 16-89-127 - Verdict -- Misdemeanor Included in Felony.
  When an offense is charged in an indictment to have been committed with peculiar circumstances as to time, place, person, property, value, motive, or...
• § 16-89-128 - Polling of Jury Members.
  Upon a verdict's being rendered, the jury may be polled at the instance of either party, which consists of the clerk or judge asking...
• § 16-89-129 - Final Adjournment.
  A final adjournment of the court discharges a jury.
• § 16-89-130 - New Trial.
  (a) A new trial is the reexamination of an issue of fact in the same court by another jury after a verdict has been...

Last modified: November 15, 2016