Page:United States Statutes at Large Volume 18 Part 1.djvu/263

 'Frrus: xm.—»'1`HE JUDIC1ARY.—-—Ch. 18. 19]. Sec. 1026. ln every case in any court of the United States, where a ·l¤d2¤¤¤¤¢<>¤d¤· demurrer is interposed to an indictment, or to any count or counts gig;"' :° ‘“‘ “" thereof, or to any information, and the dcmurrer is overruled, the judg- X- mm—.- ment shall he respondeat ouster; and thereupon a trial may be ordered 23 Ma}? 187% G- at the same term, or a continuance may be ordered, as justice may re· 202’ V‘1"p' 15S' quire. _SEc. 1027. When two or more charges are made, or two or more in- Whenseveralindictments are found against any person, only one writ or warrant shall dl¢¤¤•*¤*¤ ¤8¤l¤¤t be necessary to commit him for trial; and it shall be sufficient to state the ?al"° P€Y°°“* in the writ the name or general character of the offenses, or to refer to g§6“g}EB@?(? them only in very general terms. 80 s.1(i*.10 this;. Sec. 1028. Whenever a prisoner is committed to a sheriff or `ailer by (jcpyiof virtue of a writ, warrant, or mittimus, a copy thereof shall be delivered jailcrs authority; to such sheriff or jailer, as his authorit · to hold the prisoner, and the <l· original writ, warrant, or mittimus shall `be returned to the proper court 26 F°b·· 185% 6- or officer, with the 0Hicer`s return thereon. 8°**"1·“ l°·P·163· Sec. 1029. Only one writ or warrant is necessary to remove a pris· Wrizforremoval oner from one district to another. One copy thereof may be delivered °l “PFl**°P€l' {mm to the sherid or jailer from whose custody the prisoner is taken, and g;°§c;l'm‘°t °° ““' another to the sheriff or jailer to whose custody he is committed, and 20 ig,-—foj—; the original writ, with the marshal`s return thereon, shall be returned so, ,,_ ]_ { l0_ 0,,; to the clerk of the district to which he is removed. 162, 163. Sec. 1030. No writ is necessary to bring into court any prisoner or No writ necesperson in custody, or for remanding him from the court into custody; 'WY *0 *****8 l¤$° ut the same shall be done on the order of the court or district attorney,  p°"°" m for which no fees shall be charged by the clerk or marshal. _ __ 26 Feb., 1853, c. 80, s. 3, v. 10, p. 169. 23 June, 1874, c. 469, s. 7, r. 18, p. 256. Sec. 1031. If, in the trial of a capital offense, the (party indicted per- When perempemptorily challenges jurors above the number allowe him b law, such :*_gg’i°h;ll°“8”°X‘ excess of challenges shall be disallowed by the court, ancfl the cause ancwéiiynugmr shall proceed for trial in the same manner as if they had not been · 3·,0i··· {8g5i- m¤<1¤- r¤··¤¤·•·1 40, .t.“E¢Z4 pivif 3 Mar., 1865, c. S6, s. 2, wd 13,,p. 500. Sec. 1032. When any person indicted for any offense against the Prisonersumding United States, whether capital or otherwise, upon his arraignment stands ‘““*°» {W- mute, or refuses to plead or answer thereto, it shall be the duty of the 30 Ap,.0 ,700 c_ court to enter the plea of not guilty on his behalf, in the same manner 9, s. 30, v. i, p. 119. as if he had pleaded not guilty thereto. And when the party pleads 3 Mar-, 1825. c. not guilty, or such plea is entered as aforesaid, the cause shall be 65i,”b}I*·"·*ig’ég18- deemed at issue, and shall, without further form or ceremony. be tried 40,0 f;",, P y,?' bva`ur. f,` ` .511:21. 13033. \Vhen any rson is indicted of treason, a copy of the Copy or indictindictment and a list of th); jury, and of the witnesses to be produced ment and list pf on the trial for proving the indictment, stating the place of abode of ij;;:'; ::18%** each juror and witness, shall be delivered to him at least three entire ,,,,0,.,,0 mprisong days before he is tried for the same. When any person is indicted of mt·apitE] cues, any other capital offense, such copy of the indictment and list of the 36XpriY1790fcT jurors and witnesses shall be delivered to him at least two entire days 9.¤-29.v·1,p- l18- before the trial. _ _ _ mud S6  S°‘§gH,' Sec. 1034. Every person who is mdxcted of treason or other capital if i Wsé;  crime, shall be allowed to make his full defense by counsel learned in for ‘:_;“I‘;Q;,‘"crlf;°“ the law; and the court before which he is tried, or_some jludge thereof, cntiued ,0 0mm_ shall immediately, upon his request, assign to him suc counsel, not sel and tocompel exceeding two, as he may desire, and they shall have free access to him Y*'1¢¤¢¤¤§f-0 at all seasonable hours. He shall be allowed, in his defense, to make 30 Ap;-il, ;7g0,c_ any proof that he can produce by lawfutwitnesses, and shall have the 9, s. 29, v. 1,p. 118. like process of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses to appear on behalf of the prosecution. _ Sec. 1035. In all criminal causes the defendant maybe found guilty verdictomssof. of any offense the commission of which IS necessarily included in that fenserhanchafzed with which hg in charged in the indictment, or may be found guilty of" `"`777 ""'