This section is from the book "Popular Law Library Vol10 Criminal Law, Criminal Procedure, Wills, Administration", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
The jury having been sworn to try the issues, the next step is the making of opening statements by 43 Hughes' Cr. Law, Sec. 2970;
Jumpertz vs. People, 21 Ill., 411. 44 Flanagan vs. People, 214 Ill., 170-180; Waller vs. People, 209 Ill., 284-289; Marzen vs.
People, 190 Ill., 81-88. 45 Daniel vs. State, 56 Ga., 653.
46 Sutton vs. People, 145 Ill., 283.
47 Lewis vs. People, 44 Ill., 454.
48 Gibbons vs. People, 23 Ill, 468.
49 Dreyer vs. People, 188 Ill., 46;
Sanders vs. People, 124 Ill., 224 (Swearing the officer too soon is not material.) counsel for the respective parties. Counsel for the prosecution is required to make his statement first; and counsel for the defense may follow him immediately if he desires, or he may, by leave of the court, defer making his statement until after the introduction of all the evidence for the prosecution, or he may waive an opening statement for the defendant entirely if he sees proper to take that course. In any event, the opening statements consist of a plain statement of the issues involved, the nature of the case, the facts the prosecution expects to prove, and the facts showing the nature of the defense in reply thereto. Counsel on both sides may make an outline statement of the law of the case if, in their judgment, the nature of the case demands it for the guidance of the jury. Prior to or even after the opening statements, all of the other witnesses in the case may, at the request of either side, be excluded from the court room during the examination of a witness, to prevent them hearing each other or one another testify.
 
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