Section 12-16-10

Provision of lodging and meals for jurors, etc., when jury kept together without separation overnight, etc.; presumption as to separation of jurors on basis of sex.

Whenever a jury is, by order of the court, kept together without separation during any night or for any unusual length of time, it is the duty of the sheriff, with the approval of the court, at the expense of the state, to provide for the jurors and the bailiffs or deputy sheriffs in charge of or attending said jury suitable lodging and meals. If a jury composed of both men and women is kept together overnight, separate lodging shall be provided for jurors of each sex.

A separation solely by reason of sex, while in the custody of bailiffs or deputy sheriffs, shall not create a presumption of prejudice to an accused, but on the contrary it shall be prima facie presumed that the accused was not prejudiced by reason of the separation of the jury by sexes.

(Code 1876, §4887; Code 1886, §4452; Code 1896, §5276; Code 1907, §7310; Code 1923, §8692; Acts 1939, No. 60, p. 92; Code 1940, T. 30, §97; Acts 1967, No. 303, p. 846; Acts 1978, No. 821, p.1207, §1.)