N.D. Cent. Code § 29-22-26

Current through the 2023 Legislative Sessions

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

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.

N.D.C.C. § 29-22-26