Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT / CHAPTER 4. The Verdict or Finding
California Codes

Cal. Penal Code § 1149 (2026)

The Verdict or Finding

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When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1947–2022 · leading case: People v. Jackson, 2022 IL 127256, 211 N.E.3d 414.
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People v. Jackson, 2022 IL 127256, 211 N.E.3d 414. “The Supreme Court of California had to determine whether this oversight constituted structural error.”
People v. Bramit, 210 P.3d 1171 (Cal. 2009). · cites it 2× “[6] Penal Code section 1149 provides: "When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same.”
People v. Thomas, 256 P.3d 603 (Cal. 2011). “24 “Penal Code section 1149 provides: ‘When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same.”
People v. Traugott, 184 Cal. App. 4th 492 (Cal. Ct. App. 2010). · cites it 2× “" (Pen. Code, § 1149.) Significantly, it is "the oral declaration of the jurors, not the submission of the written verdict forms [that] constitutes the return of the verdict.”
People v. Anzalone, 298 P.3d 849 (Cal. 2013). “Penal Code section 1149 provides, “When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same.”
People v. Green, 31 Cal. App. 4th 1001 (Cal. Ct. App. 1995). · cites it 2× “" The defendant in a felony case must appear in court "before the verdict is received .”
People v. Lankford, 55 Cal. App. 3d 203 (Cal. Ct. App. 1976). “(Pen. Code, § 1149; People v. Mestas, 253 Cal.”
Stalcup v. Superior Court, 24 Cal. App. 3d 932 (Cal. Ct. App. 1972). “) Penal Code section 1149 provides: “When the jury appear they must be asked by the court, or clerk, whether they have agreed upon their verdict and if the foreman answers in the affirmative, they must, on being required, declare the same.” (Italics added.) Here the foreman…”
People v. Russell, No. E064121 (Cal. Ct. App. Mar. 17, 2017). “] The jurors must appear in court and be asked ‘whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same.”
People v. Defer, 184 P.2d 955 (Cal. Ct. App. 1947). “The judge returned them to the clerk with the direction to read them to the jury and have the jury “declare them to be their verdicts” (Pen. Code, § 1149) which was done. The clerk put the question first to the foreman and then to the jury as a whole and received affirmative…”
P. v. Anzalone, No. S192536M (Cal. June 12, 2013). “CC935164 ) ) ) ____________________________________) Penal Code section 1149 provides, ―When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required,…”
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