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46.3510 Determination of guilt prior to sentencing.

Cite as [A.S.C.A. § 46.3510]

(a) At the conclusion of all trials upon an indictment or information for murder in the 1st degree heard by a jury, and after argument of counsel and proper charge from the court, the jury retires to consider a verdict of guilty or not guilty without any consideration of punishment, and by their verdict ascertains, whether the defendant is guilty of murder in the 1st degree, murder in the 2nd degree. manslaughter, criminally negligent homicide, or is not guilty of any offense.

(b) In nonjury murder cases, the court likewise first considers a finding of guilty or not guilty without any consideration of punishment, and by its verdict ascertains, whether the defendant is guilty of murder in the 1st degree, murder in the 2nd degree, manslaughter, criminally negligent homicide, or is not guilty of any offense.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 565 .066