Page:United States Statutes at Large Volume 30.djvu/1333

 FIFTY-FIFTH CONGRESS. Sess. III. C11. 429. 1899. 1295 8110. 97. That if the demurrer be disallowed, the court must permit P*°°°•**“¤i= if •*°· the defendant, at his election, to plead, which he must do forthwith, or m°"°rb°°h°°ll°"°d' at such time as the court may allow; but if he do not plead, judgment must be given against him. Sec. 98. That when the objections mentioned in section ninety-three WW °'>J··=*i·>¤¤ appear upon the face of the indictment, they can only be taken by gid bJlt$ik°££ituZi deinurrer, except that the objection to the jurisdiction of the court over j“‘*g’“°“*· the subject of the indictment, or that the facts Stated do not constitute a crime, may be taken at the trial, under the plea of not guilty and in arrest of judgment. CHAPTER ELEVEN. OF PLEAS T0 THE INDICTMENT. Sec. · I Sec. 99. The different kinds of pleas. I 104. Plea of not uilty, what may be 100. Plea, how put in, and its form. l given in evidence under it. 101. Plea of guilty must be put in in per- 105. W at is not deemed a former acquitson, except in case of corporation. tal. 102. Plea of guilty, when and how with- 106. What is deemed a former-acquittal. drawn. 1W. Conviction or acquittal for crime 103. Plea of not guilty, what it contro- consisting of diiferent degrees, verts. i when a bar to another indictment. 1SEGi_ 99. That there are three kinds of pleas to an indictment; a °,*;)y_*¤`¤*¤¤*¥i¤¤• p ea 0 — First. Guilty. Second. Not guilty. Third. A former judgment of conviction or acquittal of the crime charged, which may be pleaded either with or without the plea of not uilty. g Sec. 100. That every plea must be oral, and must be entered on the t_Pfs¤·;.·n_¤¤v r-¤¤¤•¤¤ journal of the court in substantially the following form: I First. If the defendant pleads guilty: “The defendant pleads that he is guilty of the crime charged in this indictment? Second. If he pleads not guilty: ‘*The defendant pleads that he is not guilty of the crime charged in this indictmen t." Third. If he pleads a former conviction or acquittal: “The defendant pleads that he has already been convicted (or acquitted, as the case may be) of the crime charged in this indictment by the judgment of the court of (naming it), rendered at, (naming the place), on the day of, eighteen hundred and ." Sec. 101. That a plea of guilty must in all eases be put in by the rm cfmultymust defendant in person, in open court, unless upon an indictment against §§,,}"'{,,"{._};”f]}'·_,j‘,{j a corporation. in which case it may be put in by counsel. i¤•r¤¤i¤»¤•· ‘ SEo. 102. That the court may at any time before judgment, upon a vittur guiltv. wm. plea of guilty, permit it to be withdrawn and a plea of not guilty sub· ml **°“‘**’***··l¤·**¤- stituted therefor. Sec. 103. That the plea of not guilty controverts and is a denial of rmi of mi gusny, every material allegation in the indictment. "*“*‘ ’° °°““'°‘°"°°· Sec. 104. That all matters of tact tending to establish a defense to rm or ntwnq. the charge in the indictment, other than those specined in the third Q,‘QF{f,Q,§‘;;{,*,{j’,_,§§f"“ subdivision of section ninety-nine of this Title, may be given in evidence under the plea of not guilty. Sec. 105, That if the defendant were formerly acquitted on the wm i¤¤¤¤_im·m¤1 ground of avariance between the indictment and the proof, or the “*°““°" “°‘l“‘““‘· indictment were dismissed upon a demurrer to its form or substance, or discharged for want of prosecution, without a judgment of acquittal or in bar of another prosecution, it is not an acquittal of the same crime. Sec. 106. That when, however, the defendant was acquitted on the —wn•: is deemed ¤ merits, he is deemed acquitted of the same crime, notwithstanding a ‘°"“°' ‘°‘¤‘““·‘*· defect in form or substance in the indictment ou which he was acquitted.