Page:United States Statutes at Large Volume 30.djvu/1327

 FIFTY-FIFTH CONGRESS. Sess. 1II. UH. 429. 1899. 1289 CHAPTER SEVEN. U OF THE INDICTMENT. Sec. ‘ Sec. • 36. Forms of pleading. 51. Presumptions of law or matters ju- 37. Indictment, the first pleading. dicially known need not be stated. 38. Indictment, what to contain. 52. Pleading a judgment or proceeding 39. Form of indictment. before a court of special jurisdic- 40. Manner of stating act constituting tion. . the-crime. _ 53. Private statute, how pleaded. 41. Indictment must be direct and certain 54. Pleading in indictment for libel. as to what. 55. Indictment for forgery when instru- 42. Proceedings when defendant indicted ment has been withheld or deby fictitious name. stroyed by defendant. 43. Indictmentmust charge but one crime 56. Pleadings in indictment for perjury and in one form. » or subornation of perjury. 44. Time, when material, to be stated 57. One or more defendants in same in- _ precisely, otherwise not. dictment may be convicted or 45. Statement as to person injured or in- acquitted. ‘ tended to be. 58. Distinction between persons commit- 46. \Vhat description of animalsniiicient. ting and aiding in commission of 47. Construction of words. felony abrogated. 48. W'ords of statute need not be strictly 59. Accessory after fact may be tried pursued. { before principal. 49. Indictment, when snfhcient. 60. Indictment for compounding crime 50. Indictment not sufficient for defect though the person committing the of form. same has not been indicted. Sec. 36. That the forms of pleading aud the rules by which the F¤¤¤¤¤f1>1¤¤di¤e· sufficiency of pleadings is to be determined are those prescribed by this Act. Sec. 37. That the first pleading on the part of the United States is p,g’gj;’_fg'f*°¤*·*h° mt the indictment. · _ SEc. 38. That the indictment must contain- wf,';§{f_f“°“**·"““**° First. The title of the action, specifying the name of the court to which the indictment is presented and the names of the parties. Second. A statement of the facts constitntingthe offense in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended. Sec. 39. That the indictment may be substantially in the iollowing Form ¤fi¤di¤rm¤¤¤- ibrm: 4* THE UNITED STATES or AMERICA District court for the " V. District of Alaska, "A B. division No. . No., by this indictment. of the crime of " (here insert the name of the crime, if it have one, such as treason, murder, arson, manslaughter, or the like, or if it be a crime having no general name, such as libel, assault and battery, and the like, insert a brief description of it as given by law) "committed as follows: ·*The said A B, on the day of ,eighteen hundred and , in the District atbresaid" (here set forth the act charged as a crime according to the iorm adapted to the case, as provided in the next section). _ _ eighteen hundred and .” _ (Signed) "C D, District Attorney? (Indorsed:) "A true bill." (Signed) *¢ E F, Foreman of the Grand J ury.” Sec. 40. That the manner of stating the act constituting the crime, n lganneihcmratgg as set forth in the appendix to this Act, 18- sufficient in all cases where ,§,,,,§f°"’ “ g the icrms there given are applicable, and in other cases forms may be · used as nearly similar as the nature of the case will permit. Sec. 4]. That the indictment must be direct and certain as it regards: d£=gi?;¤:1¤¤;;;:¤};;¤ E First. The party charged; to Wim. Second. The crime charged; and
 * ‘A B is accused by the grand jury of the District of Alaska, division
 * Dated at, in the District aforesaid, the day of ,