Page:The Green Bag (1889–1914), Volume 19.pdf/500

 THE BARILLAS CASE

467

shall declare the instruction closed, and Publico; the accused and his defender may nothing can be added to it afterwards, attend or not as they please. When all is although during the trial, on proper appli ready, the judge shall put into the jar the cation, new proofs may be heard. names of not less than one hundred quali Upon the instruction being closed, the fied jurymen, and from that number will record shall be remitted at once to the draw out, one by one, thirty names; as each Ministerio Publico, for three days, if it name is drawn, the judge shall read it contains less than fifty pages, and for one aloud, and the Ministerio Publico and the further day for each twenty pages in excess, 'accused or his defender may challenge the in order that he may " formulate conclu juror without stating any cause, six chal sions"; should this official delay beyond the lenges being thus allowed to the Ministerio Publico and six to each defendant. When time fixed, he shall be considered in con tempt of court and fined from two to ten the drawing of thirty unchallenged jurors dollars for each day of delay in returning is completed, the judge shall order that the record with his conclusions. The form they be summoned to appear on the next of these "conclusions" will appear when day at the hour of the trial. we get into the trial of this case. At the trial, the judge, secretary, or If the conclusions formulated by the assisting witnesses, the representative of Ministerio Publico show a crime triable by the Ministerio Publico who must sustain jury, the record shall, within the like term the accusation, and the jurors who are to above indicated, be submitted to the try and decide the cause, must of course accused and his defender, who shall within be present; the accused and his defender a like time submit, in precise and concrete may attend or not, and if absent without "propositions," the defenses which he may sufficient excuse, the trial will proceed believe exist, specifying either that he is without them; although if the judge deem not guilty, or any exculpating or extenu the presence of the accused absolutely nec ating circumstances which he may allege. essary, and the latter should resist attend If the accused fails within the above limit ing, the judge may order that he be brought to return his " conclusions," that of " not in by the public force. guilty" shall be declared by the judge,- and When the case is called for trial, and the he shall fix a day for the trial of the cause, thirty jurors summoned, or at least twelve within the following fifteen days. At the of them are present, the judge shall put their names into a jar, and shall draw out same time the judge shall order the em panelling and drawing of the jury which is nine proprietary jurors, and as many super to try the case, which drawing shall take numeraries as he may deem advisable; the place on the eve of the day set for trial; and latter will sit and hear the cause with the in the same order the judge shall direct the regular jurors, and supply any deficiency summoning of the witnesses for the trial. in the regular panel. When the jury is thus If for any reason either party is prevented empanelled, the judge shall order read to from being ready for trial on the day fixed, the jury certain sections of the Code pre the judge in his discretion may grant one scribing the qualifications and disabilities only continuance, not to exceed fifteen days. of jurors, and shall then ask each of the The empanelling and drawing of the jury jurors whether he has any of such disquali (from annual lists of fifteen hundred quali fications; if he states any, the matter may fied veniremen prepared by the governor be argued and the juror accepted or dis of the district) shall be made in public, charged; if he fails to disclose any and it in the presence of the judge, his secretary, afterwards is discovered, or if he states any or the assisting witnesses, and the Ministerio which it afterwards appears he did not