§635-32 Segregation during trial. It shall not be necessary in any case for any trial jury after having been finally accepted and sworn to try the cause, to be segregated, locked up, or otherwise confined at any time prior to retiring to deliberate upon their verdict; provided that the court may in its discretion order and direct that the trial jury in any case shall be segregated, locked up, or otherwise confined after being finally accepted and sworn to try the cause and until a verdict is arrived at or the jury discharged. [L 1905, c 75, §1; RL 1925, §2424; RL 1935, §3740; RL 1945, §10116; RL 1955, §231-16; HRS §635-32; am L 1972, c 89, §2B(1)] Case Notes In case not capital, discretion of court to segregate jurors during trial. 9 H. 522 (1894). Failure to segregate in capital case (now life imprisonment) not error. 30 H. 697 (1929). Separation of jury and use of liquor, not prejudicial as matter of law. 45 H. 457, 370 P.2d 468 (1962). Review of nonevidentiary table posted in courtroom by juror coming out of jury room during deliberations. 49 H. 116, 121-126, 412 P.2d 662 (1966).
Hawaii Legal Code