Sanhedrin 5:5-6:1

Sanhedrin 5:5

If the judges rule for acquittal in a capital case, the accused is released. If they rule for conviction, his sentence is held for the next day. The judges would break off into pairs, reduce their eating and not drink wine the entire day. They would deliberate that whole night, and the next day they would get up early and go to the court. A judge could then maintain his original position regardless of whether he initially voted to convict or to acquit. One who voted to convict could change his vote to acquittal but one who voted to acquit could not change his vote to convict. The two scribes were there to remind the court how everyone originally voted. If those who voted to convict changed their minds, the defendant would be released; if not, they would count the votes. If there were 12 to acquit and 11 to convict he was acquitted; if there were 12 to convict and 11 to acquit, or 11 to acquit, 11 to convict and one undecided, or even 22 to acquit or convict and one undecided – in all of these cases, they add judges – two at a time until a maximum of 71. At that point, if 36 vote to acquit and 35 vote to convict, the accused is acquitted; if 36 vote to convict and 35 vote to acquit, they debate among themselves until one who voted to convict changes his vote to acquittal.

Sanhedrin 6:1

If a sentence of stoning is passed, the convicted is taken out for execution. The place of stoning was outside the court, as per Leviticus 24:14, “Bring forth the one who has cursed.” One person stood at the entrance to the court with a scarf in his hand and another rode a horse some distance from him so that he could be seen. If a witness says he can argue for acquittal, the first person waves the scarf and the one on the horse rides to stop the execution. This is true even if the convicted says that he can argue for his own acquittal. They return him to court even four or five times so long as there is something substantial to what he says. If the judges rule for acquittal, the defendant is released. If not, he is taken to be stoned. A crier goes out ahead of the convicted announcing, “Person A, the son of person B, is being taken out to be stoned for committing crime X; person Y and person Z are his witnesses. If anyone has information in his favor, come and present it for him!”