29-26-18. Evidence in aggravation or mitigation of punishment - How presented.
146 words·~1 min read·
/nd/title-29/chapter-29-26-judgment-and-sentence/29-26-18·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Circumstances in aggravation or mitigation of punishment must be presented by testimony of witnesses examined in open court, except when a witness is so sick or infirm as to be unable to attend, that witness's deposition may be taken by a magistrate of the county out of court, at a specified time and place, upon such notice to the adverse party as the court may direct, the criminal record of the defendant furnished by the federal bureau of investigation or the state superintendent of criminal identification and reports of the state parole office may be received by the court without verification or other foundation, and, results of psychological testing and psychiatric examination, certified in writing, may be received by the court without verification or other foundation, subject to such inspection and confrontation of witnesses as the court may permit or require in the interests of justice.