North Dakota § 29-22-26 Verdict returned - Duty of court - May decrease or increase punishment

North Dakota Statutes

§ 29-22-26 — Verdict returned - Duty of court - May decrease or increase punishment

North Dakota § 29-22-26

Title 29Judicial Procedure, Criminal

Ch. 29-22Jury After Submission of Cause and Verdict

This text of North Dakota § 29-22-26 (Verdict returned - Duty of court - May decrease or increase punishment) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 29-22-26 (2026).

Text

If the jurors return a verdict of guilty against the accused, the court, before it is accepted, shall ascertain whether it conforms to the law of the case. If, in the opinion of the court, the verdict does not conform to the requirements of the law of the case, the court, with proper instructions as to the error, shall direct the jurors to reconsider the verdict and the verdict cannot be accepted nor recorded until it is rendered in proper form. But if the punishment imposed by the jurors in the verdict, when they are authorized by law to determine the punishment, is not in conformity to the law of the case in that regard, the court may proceed as follows:

1.If the punishment imposed by the jurors in the verdict is under the limit prescribed by law for the offense of which the defendant i

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If the jurors return a verdict of guilty against the accused, the court, before it is accepted,
shall ascertain whether it conforms to the law of the case. If, in the opinion of the court, the
verdict does not conform to the requirements of the law of the case, the court, with proper
instructions as to the error, shall direct the jurors to reconsider the verdict and the verdict cannot
be accepted nor recorded until it is rendered in proper form. But if the punishment imposed by
the jurors in the verdict, when they are authorized by law to determine the punishment, is not in
conformity to the law of the case in that regard, the court may proceed as follows:
1. If the punishment imposed by the jurors in the verdict is under the limit prescribed by
law for the offense of which the defendant is found guilty, the court may receive the
verdict and thereupon render judgment and pronounce sentence for the lowest limit
prescribed by law in such a case; or
2. If the punishment imposed by the jurors in the verdict is greater than the highest limit
prescribed by law for the offense of which the defendant is found guilty, the court shall
disregard the excess and render judgment and pronounce sentence according to the
highest limit prescribed by law in the particular case.