§ 22-1164. Order of trial of sanity.

The trial of the question of insanity must proceed in the following order:

1.  The counsel for the defendant must open the case and offer evidence in support of the allegation of insanity.

2.  The counsel for the state may then open their case and offer evidence in support thereof.

3.  The parties may then respectively offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case.

4.  When the evidence is concluded, unless the case be submitted to the jury on either side or on both sides, without argument, the counsel for the state must commence, and the defendant or his counsel may conclude the argument to the jury.

5.  If the indictment be for an offense punishable with death two counsels on each side may argue the causes to the jury, in which case they must do so alternately.  If it be for any other offense, the court may, in its discretion, restrict the argument to one counsel on each side.

6.  The court must then charge the jury before argument as in other cases.

R.L.1910, § 6052.