Page:United States Statutes at Large Volume 44 Part 1.djvu/519

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505 TITLE ·18.—0RIMIN.·1L CODE e , e · · y may be .prosecuted either by indictment or by —infermation Bled by sg district ettopney, 4 (R,·S. 5 1022.) f , ( $56. Same; defect; of foam.--No indictment found and presented by e grand jury in any district or othe1•.c0nrt_ of the United Stdtes shall be deemed- insumcient, nor shell the trial, judgment, or other pi‘<¤*3eedi¤§· thereon affeeted by Jneason Gi any defect or impérfection in` matter of form·on1y, whien shall nothtend to the prejudice `of meaerepaqut. (B. S. si 10%), ·· . _ 557. Same; joinder of ¢l\8K§¢8··*Wh8D there nge _ severe} eharges against any person for the same act or .t1‘&I1S8;(§ti0D, or‘ 1`Qem tivo or more l.C$`01’ transnctiona connected (together, or for two or more acts or trensections ot the same (glass of crimes or offenses, which may be pro§er1y joined, instead ot having severely indictments the whole —IZt1$].b0 joined in one indictment in separate counts; audit two or mbre indictments ere found in such caeee, the court may order themuto be consolidated, (B. S.! 1LQ24.)> ” j . _ , 558. Same: perjnry.-in every presentment_·o1.· indictment prosecuted against any person for pexjur'y*, it shall be sumcient te eet forth the uuusumée of the oieuse lohatged, upon the defendant, Zend by what court, and before whom the oath was taken, avepring such, court or person to. have; competent ,uu¢· thlority to m1m1¤¤s¢¢¤·‘m¤ same, together n with the _ p_rope;' evermeut toifalsify the- matter wherein the perjuryhis assigned, without setting. forth" thedbill, nnswer, "information, indict~ mem, declaration, -o1=.any pant of.__nny iecord or proc:-:etin§, either in law` or' equity, or. any adidaviqdepogition, or certiiicate, other than Qs hereinbefore. stated, and Wit}10\lt_S&{Q·’ ting.torth`_the commission or authority of the court or_ person before whom the perjury was committed. Q (R. S. {.5396.) P 559. Same; subornation of perjury.--In evety presentment. or indictment for subox:na`tion` of perjury, it:sbal1 be suiiicient to set tooth the substance of the offense changed upon the defendant, without setting forth the bill, answer, information, indi¢;tznent,' declaration, onany part of eny' record or proceeding eithexg in·—1i1w'or.eqnity, or any athdavit, deposition, on <·e‘rti§cate,_ and, without getting forth the ) commission o1·_.anthority 0t_ the court my person before whom the perjury was vmnmitted, or was or promised to be conxmitted. (R. S. § 5397.) » yo U ` . ‘ ‘ 569. Same; perjnry before neyal,court·mhrtlal;—In prosecw g tions fer perjury committed, on examination before e naval general court-martial, on for the eubornation ~thereof,j1t shall A he sniecient to set forth the oHense charged on the defendant,. with»out» setting forth the authority by which the court w’a¤‘ held, og the particular matters brought, before, or intended to he brought.be1'o:·e, said court. (R. S. {1923.) I n. ,. 561. Same; judgment on demnrrer.-—-In' every cese in" any court oi, the United States, where n ‘demn1?rer is interposed to nn indictment, or to any count or counts thereof, or to _. any information, and the demurrer is ovem·¤1ed,'—·the judg-. ment shnil be respondent eemsmeana thereupon §‘t1'i&1 may be ordered it the same tem, on n continuance Amnyfbe ordered, as justice-may require; (B. I 1026.) A · . _ 562. Copy of indictment ind of `iurore and? witnessu for prisoner.-—-Vvhm any person is indicted of treason, "e copy of theindictment nnd n listret tho jury, of tlie · to be produced on the tri;] for grating the indictment, stating the pleee ot abode ot each juror gud witneei, snail be de-. livered to htm' nt tenet three entire dgy¤ before he · is tried for sgme. when any person is, .ot my other capital oEe¤¤e._ such copy of indictmwt {nd list of the. jurors and shall be ddivered tehhim at least two entire daysbeiore the trial. (R., S. Q IMS;) I " n o " I 563, md for for eapitnl, crimu.-—-Evel'1 perm who. in indicted ol trwson or othen '¢¤Dita1 aime. be allowed to mab his ful-1 defense by

AND cnzwzvu. PROOED ven. § 570 counsel learned in the law; and the court before which he is tried, or some judge thereof, shell immediately, upon his request, essglgn to him such counsel, not exceeding two, as he may desire, and they shall have free access to him et atl seasonable hours. He shell be allowed, in his defense, to make any proof that be me produce by lawful. witnesses, and shell have the like process of the court to compel his witnesses to appeerat his‘trlel, as is usually granted to compel witnesses to appear on behnlfmf the prosecution; (R. S. Q 1034.) · 564. Standing mute;-—Whe¤ any person indicted for any offense against the United _4Statu, `whether capital or other}- wise, .upon’his arreignment stands mute, or refw to plead or answer thereto, it shall be the duty of the court, to enter .the_ plea of not iuilty on his behalf, in the semegmanner as if he had pleadednot guilty thereto, And Ywhen-theparty pleads

not guilty, or such plea, is entered as ·aforesa.ld, the cause shall

be deemed at issue, shall, without further form or cere- _m0ny, bectrled by a jury. (R. S. §_ 1032.) l _. ..

 565. Verdicts; less odense than ·cbarged.——g·In all criminal

causes the defendant may be found guilty of any offense the ` commission- of which ls—necessari1y_i·ncluded inthat with which he is charged in uuepcguaxczmem, or may be found guilty of an attempt to commit the odense so charged, if such attempt be _itself a_ separate offense. (R. S., it 1035.) _. D . Z· · _ 566. ‘s¤me;, several, joint , defendants.—On an indictment against several, Kif the jurywcan not aqee upon a verdict as to all, they inay render a verdict ns` to those in regard- to whem they do agree, on which a judgment shall be entered accordingly;` and the cause as to theother defendants maybe tried by“another·;|ury. (R. _S. {1036.) _ · _ _ U ` ‘ 567. (Criminal Code, section 336.) Sainegyqualided venn‘dicts.—-§—In ell cases where the? accused is found guilty of the crime of murder in the first degree, or 'rape; the jusy_may_qualify I their verdict by adding thereto " without capital punishment "; and whenever the jury shall return a verdict qualined ns aforei said,. me person convicted shall be sentenced to imprisonment for life. (Jan.-15, 1897, gc; 29, 5 1,‘29 Stat. 487; Mer. 4, 1909, l c.t321,. § 330,_35‘Stnt. 1152.)- ‘ — _ _ - ` 568.; (Criminal `_Code,` section 327.) Pardoning power.- `Whenever, by—_t_he judgment of any court, or judicial {moor of the United States, in any criminal Di‘¢<‘€€ding, any person is sentenced to two kinds of punishment,'· the one pecuniary and the other corporal, the President shall here full discretionary power to p¤¤·a¤¤· or remit, in whole, or in•part, either one of p the tvvo kinds,__without, in any manner, impairing the legal validity of the other kind, or of any portion of either kind, not perdoned or remitted. _ (R. "S. 5 5330; Mar. 4, 1909, c. 321,, $327, 35 Stat.A1151.) d T t _ . _ _ Y 569.. Judgments ·_ for fines; ~c.ollection.———In all criminal or penal causes in which judgment or sentence has been or shall be rendered, imposing the payment of a dne or penalty, whether , alone or-with any other kind of punishment, the said judgment, so fab as the nine or penalty is concerned, may be enforced by _ execution egnlnst the property of the defendant in like manner as jnvdgments in civil cases are enforced. Where the judgment directs that the defendant shell be imprisoned; until the fine. or penalty imposedjs paidgl the issue of executtpn on the judgé Yment shall not operate to discharge the defendant from imprisonment until the amount of the judgment is collected or ‘ · otherwise paid. (R. S. 5 1041.) p., · _ — _ ` 570. Disposition of bribe moneys.--All moneys received or tendered in evidence in any case, proceedinz, or investigation l in -~ any United Stntes court, or before any omcer thereof, which have been paid `to__or received by any omciel as e bribe, shall after the conclusion and duel disposition of the particular case, ` proceeding, or investigation in which it was received as evidence, be deposited in the registry of the court to be disposed of under and in eccordance with the order, judgment or decree