Criminal Code (Cap. 9), article 475

475. If, after the accused has been in any form found guilty, the court is of opinion that, upon the submissions made by the defe nce or as a result of the facts proved at the trial, there should b e a further declaration on the part of the jury as to whether some fact, which the law expressly specifies as an excuse and of which no mention was made in the indictment, has or has not been proved in the case, the court shall refer the question for the determinat ion of the jury who shall answer affirm atively or negatively, as they shall adjudge: Provided that nothing in this article shall prevent the jury, when finding the accused guilty in any form as provided in arti cle CRIMINAL CODE [CAP. 9. 305 467, if so satisfied from the ev idence, from declaring on their own initiative and without waiting for any question by the court to that effect, that some particular fact, which the law expressly spec ifies as an excuse, has been proved; i n which case, the jury shall fi nd the accused guilty, and also that the facts constituting the excuse specified in the law have been proved. Verdict by jury in case of infanticide. Amended by: VI.1947.14; III.2002.112.