Page:United States Statutes at Large Volume 76A.djvu/613

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-517§ 4098. Exception to challenge to panel If the sufficiency of the facts alleged as ground of the challenge to the panel is denied the adverse party may except to the challenge. The exception need not be in writing but shall be entered on the minutes of the court or of the reporter and thereupon the court shall proceed to try the sufficiency of the challenge, assiuning the facts alleged therein to be true. § 4099. Determination on exception to challenge to panel If on exception to the challenge to the panel the court finds the challenge sufficient, it may if justice requires it permit the party excepting to withdraw his exception and to deny the facts alleged, in the challenge. If exception is allowed the court may in like manner permit an amendment of the challenge. § 4100. Denial of challenge to panel and trial thereon If the challenge to the panel is denied, the denial may be oral and shall be entered on the minutes of the court or of the reporter and the court shall proceed to try the question of fact. Upon the trial the officers, whether judicial or ministerial, whose iregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge. § 4101. Challenge to panel for bias of summoning officer If the panel is formed from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them which would be good ground of challenge to a juror. The challenge shall be made m the same form and determined in the same manner as if made to a juror. § 4102. Effect of allowance or disallowance of challenge to panel If, either upon an exception to the challenge to the panel or a denial of the facts, the challenge is allowed, the court shall discharge the jury as far as the trial in question is concerned. If it is disallowed, the court shall direct the jury to be impaneled. § 4103. Informing defendant as to time to challenge individual juror Before a juror is called the defendant shall be informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so when the juror appears and before he is sworn. § 4104. Kinds of challenge to individual juror A challenge to an individual juror is either: (1) peremptory; or (2) for cause. § 4105. Time for challenge to individual juror A challenge to an individual juror shall be taken when the juror appears and before he is sworn to try the cause; but the court may for cause permit it to be taken after the juror is sworn and before the jury is completed. § 4106. Peremptory challenge A peremptory challenge may be taken by either party and may be oral. I t is an objection to a juror for which no reason need be given but upon which the court must exclude him. § 4107. Number of peremptory challenges; waiver Upon a trial by jury in a criminal case, the parties are entitled to peremptory challenges to the extent authorized by Eule 24(b) of the Federal Rules of Criminal Procedure. A waiver of a challenge by either party precludes him, except by consent of court, from