Page:United States Statutes at Large Volume 76A.djvu/618

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–522–

-522§ 4161. Recording verdict When the verdict given is such as the court may receive, the clerk shall immediately record it in full upon the minutes, read it to the jury, and inquire of the jury whether it is its verdict. If any juror disagrees, the fact shall be entered upon the minutes and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury shall be discharged from the case. Subchapter II—Evidence Generally § 4191. Presumptionof innocence; reasonable doubt A defendant in a criminal action is presumed to be innocent until the contrary is proved and in case of a reasonable doubt as to his guilt is entitled to an acquittal. § 4192. Reasonable doubt as to degree of crime If it appears that the defendant has committed a public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he may be convicted of the lowest of the degrees only. § 4193. Proof of treason A person may not be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court. § 4194. Discharge of defendant to be witness (a) If two or more persons are included in the same charge, the court may, at any time before the defendants have adduced testimony in defense, on the application of the United States attorney, direct a defendant to be discharged, that he may be a witness for the Government. (b) When two or more persons are included in the same charge, and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it shall order him to be discharged before the evidence for the defense is closed, that he may be a witness for his codefendant. (c) The order prescribed by subsections (a) and (b) of this section is an acquittal of the defendant discharged and a bar to another prosecution for the same offense. Subchapter III—Witnesses; Subpoenas § 4231. Subpoenas generally Except as otherwise provided by this subchapter, a subpoena in a criminal action in the district court or a magistrate's court is governed by Rule 17 of the Federal Rules of Criminal Procedure. § 4232. Issuance of subpoena (a) A subpoena may be signed and issued by: (1) a magistrate before whom a complaint is made, on behalf of either the Government or the defendant; (2) the judge of the district court; (3) the clerk of the district court upon application either of the Government or the defendant; or (4) the United States attorney. (b) A subpoena issued by a magistrate or the United States attorney need not be under the seal of a Court. (c) A magistrate or the clerk of the district court shall, at any time and without charge, issue subpoenas for witnesses for the defendant upon his request.