Page:United States Statutes at Large Volume 30.djvu/1332

 1294 FIFTYFIFTH CONGRESS. SEss. III. Ch. 429. 1899. given bail or deposited money in lieu thereof, that his bail be exonerated or his money refunded to him, unless it direct that the case be resubmitted to the same or another grand jury. _ Effect of order fvr Sec. 85. That if the court direct that the case be resubmitted, the '°““b“““‘°“‘ defendant, if then in custody, must so remain, unless he be admitted to bail; or if he have already given bail, or deposited money in lieu thereof, such bail or money is answerable for the appearance of the defendant to answer a new indictment, if one be found. NEW indjjjjsjg Q): Sec. 86. That unless a new indictment be found before the next grand isdn5S8c' jury is discharged, the court must, on the discharge of such grand jury, make the order prescribed by section eighty-tour of this Title. _ _ {¤<1i•é¤m¤¤g~¤rt·;•¥;q Sec. S?. That an order to set aside an indictment, as provided in this g'§,,?§,§,',Q’,,§§,,_ chapter, is no bar to a future prosecution for the same crime. CHAPTER TEN. 0°F THE DEMURRER. Sec. Sec. 88. Demurrer or plea only pleading on I 94. Proceeding when demnrrer allowed. part of defendant. 95. If resubmission not ordered, defeud— 89. Demurrer or plea, when put in. ant to be discharged. 90. Demurrer, grounds of. 96. Proceeding if resnbmission ordered. 91. Demurrer, how put in and its form. 97. Proceedingifdemurrer be disallowed. 92. Demurrer, when heard. 98. What objections may be taken at the 93. Judgment on demurrer. trial or in arrest of judgment. ymm vr rim Sec. 88. That the only pleading on the part of the defendant is
 * 1} .{,,¥.,§`§.,E °° Pm either a demurrer or plea.

nemmm-_¤r pm, Sec. 89. That both the demurrer and plea must be put in, in open ~ '"“’“ P“°°" court, either at the time of the arraigument or at such other time as may be allowed to defendant for that purpose. ofmmumr, grounds Sec. 90. That the defendant may demur to the indictment when it ` V appears upon the face thereof either- First. That the grand jury by which it was found had no legal authority to inquire into the crime charged, because the same is not triable within the District. Second. That it does not substantially conform to the requirements of chapter seven of title two of this Act. - Third. That more than one crime is charged in the indictment. Fourth. That the facts stated do not constitute a crime. Fifth. That the indictment contains any matter which, if true, would constitute a legal justification or excuse of the crime charged, or other legal bar to the action. inkggaeggfw P“'· Sec. 91. That the demurrer must be in writing. signed either by the _ defendant or his attorney, and tiled. It must distinctly specify the ground of obiection to the indictment, or it may be disregarded. b£;>5¤¤rr¤r» W¤¤¤ Sec. 92. That upon the demurrer being filed, the objections presented ‘ thereby must be heard, either immediately or at such time as the court may direct. mg:;g¤¤°¤* °¤ **°· Sec. 93. That upon considering the demurrer, the court must give ' judgment, either allowing or disallowing it, and an entry to that effect must be entered in the journal. _ d rmeeeping gdncu SEO. 94. That if the demurrer be allowed, the judgment is final upfm °'““"° “ °" ‘ the indictment demurred to, and is a bar to another action for the same crime, unless the court, being of opinion that the objection on which the demurrer is allowed may be avoided in a new indictment, direct the case to be resubmitted to the same or another grand jury. mfigigsuggipszpg Sec. 95. That if the court do not direct the case to be resubmitted, bedisciiargea, the defendant, 1f in custody, must be discharged, or if admitted to bail his bail IS exonerated, or if he have deposited moneyin lieu thereof the money must be refunded to him. suiruféiggrgrxeioar- Sec. 96. That if the court direct the case to be resnbmitted, the ' same proceedings must be had thereon as are prescribed in sections eighty-five and eighty-six of this Title.