Arizona Revised Statutes
Ariz. Rev. Stat. § 22-323 (2026)
Trial before jury; charging jury on facts prohibited
✓ current as of May 2026
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A. After the jury is sworn, it shall hear the proceedings which shall be in public and in the presence of defendant.
B. The court shall decide all questions of law which arise in the course of the trial, but shall not charge the jury with respect to matters of fact.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1968–2025 · leading case: Crouch v. Just. of the Peace Court of the Sixth Precinct, 440 P.2d 1000 (Ariz. Ct. App. 1968).
Crouch v. Just. of the Peace Court of the Sixth Precinct, 440 P.2d 1000 (Ariz. Ct. App. 1968). “The only reference we find to charging the jury in a criminal proceeding before a Justice of the Peace is A.R.S. § 22-323. This section provides: “Trial before jury; charging jury on facts prohibited.”
White v. White (Ariz. Ct. App. 2025). “The court decides questions of law, A.R.S. § 22-323(B), so it should have decided whether that act, as alleged, constituted part performance.”
Ariz. Rev. Stat. § 22-323(B): 1 case
White v. White (Ariz. Ct. App. 2025). “The court decides questions of law, A.R.S. § 22-323(B), so it should have decided whether that act, as alleged, constituted part performance.”
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