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§ 3-109. Verdict.
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A. Except as herein before provided in cases where banishment is recommended, the verdict of a trial to a jury panel shall be by majority vote and shall be returned in open Court.

B. The verdict of a jury shall be unanimous. It shall be returned by the jury to the Judge in open Court. If the jury is unable to agree, the jury may be discharged and the defendant tried again before a new jury.

C. If there are multiple defendants or charges, the jury may at any time return its verdict as to any defendants or charges to which it has agreed and continue to deliberate on the others.

D. If the evidence is found to support such verdict, the defendant may be found guilty of a lesser included offense or attempt to commit the crime charged or a lesser included offense without having been formally charged with the lesser included offense or attempt.

E. Upon return of the verdict, the jury may be polled at the request of either party. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberation or may be discharged.

F. After return of a verdict, the jury may, at the Judge’s discretion, be requested to recommend the punishment to be imposed after a hearing at which both parties have the opportunity to present evidence in mitigation or aggravation of the sentence. The jury’s recommendation in such cases shall not be binding on the Judge at sentencing except as otherwise provided in the case of sentences and banishment.

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