Rule 31 – Verdict

May 15, 2021 | Common Pleas, Criminal Procedure, Delaware

(a)Return. The verdict shall be unanimous. It shall be returned by the jury to the judge in open court.
(b)Several defendants or counts. If there are two or more defendants or two or more counts, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed, or with respect to a count or counts to which it has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree, or the count or counts as to which it does not agree, may be tried again.
(c)Conviction of included offense. The defendant may be found guilty of an offense included in the offense charged in accordance with 11 Del. C. ยง 206.
(d)Poll of jury. When a verdict is returned and before it is recorded the jury shall be polled at the request of any party or upon the Court’s own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged.

Del. Crim. R. C.P. 31