|
|
Person standing mute.
|
80.—Whenever a person charged in the Central Criminal Court or in the Circuit Court with any crime or offence stands mute when called upon to plead to such charge, no jury shall be sworn for the trial of the issue whether such person so stands mute of malice or by the visitation of God, but in lieu thereof the Judge shall himself hear such evidence (if any) relevant to that issue as may then and there be adduced before him and, if the Judge is satisfied on such evidence that such person is mute by the visitation of God, all such consequences shall ensue as would have ensued if a jury sworn for the purpose had found that such person was so mute by the visitation of God, but if the Judge is not satisfied as aforesaid or if no such evidence is so adduced, the Judge shall direct a plea of “not guilty” to be entered for such person.
|
