Page:United States Statutes at Large Volume 30.djvu/1337

 FIFTY-FIFTH CONGRESS. Sess. III. OH. 429. 1899. 1299 Sec. 130. That the challenge of either party shall be taken separately, ,m0¤d¤=¤f¤¤ki¤z ¤h¤1- in the following order, including in each challenge all the causes of cha]- °°” lenge belonging to the same class: First. For general disqualitication. Second. For implied bias. . Third. For actual bias. Fourth. Peremptory; but either part may take peremptory challen ge at any time before his right of chahenge ceases. Sec. 131. That the challenge may be excepted to by the adverse Tm! °¤' ¤¤¤¤•=¤r=¤· party for insufficiency, and if so_ the court shall determine the suiiiciency thereof, assuming the facts alleged therein to be true. The challenge may be denied by the adverse party, and if so the court shall try the issue and determine the law and the fact. Sec. 132. That upon the trial of a challenge the rules of evidence ,§,{§,§:,°‘,lf,“,§,,*j,,“0‘} applicable to testimony offered upon the trial of an ordinary issue of ¤1¤11¤¤g•> fact shall govern. The juror challenged, or any other person otherwise competent, may be examined as a witness by either party. If a challen ge be determined to be sufficient or found to be true, as the case may be, it shall be allowed, and the juror to whom it was taken excluded. But if determined or found otherwise, it hall be disallowed. . _ Sec. 133, That the challenge, the exception, and the denial may be ,,,§‘f‘"""° my ”° made orally. The judge of the court shall note the same upon his minutes, and the substance of the testimony on either side. Sec. 134. All challenges, whether peremptory or for cause, may be ,,E,{‘,,“,f,{,§’,'§,}‘,f,‘§;,,:’,ff taken by the United States or defendant, but when several defendants are tried together they can not sever their challenges, but must join therein. Sec. 135. That if the crime charged in the indictment be punishable ,°f;;"§’u‘:_’{;,°°‘}’l‘ with death, the defendant shall be entitled to twenty and the United States to ten peremptory challenges. On the trial of any other felony, the defendant shall be entitled to ten and the United States to five · peremptory challenges, and in all other cases each party shall be entitled _ to three peremptory challenges. · _ Sm:. 136. That as soon as the number of the jury has been completed, °“"" °‘ ·““'¥· an oath or atnrmation shall be administered to the jurors in substance, that they and each of them will well and truly try the matter in issue between the plaintiff and defendant, and a true verdict give according to the law and evidence as given them on the trial. CHAPTER FIFTEEN. OF THE CONDUCT OF THE TRIAL AND MISCELLANEOUS PROVISIONS RELATING THERETO. Sec. Sec. 137. Order of proceedings on trial.140. Defendant can be witness. 138. Conduct of jury after case is sub- 150. Husband or wife can be witness for mitted. i or against each other in certain 139. For what cause court may discharge ‘ cases. jury. 151. Evidence in criminal actions to be 140. Jury may be polled. y given orally, except. 141. When jury to ascertain value of 152. Error in proceedings not material, property. h unless it prejudice substantial 142. Insanity must be proven; intoxiea- rights of defendant. tion not to be deemel insanity. · 153. Testimony of accomplice must be 143. Defendant to be convicted of the, corroborated. lowest degree in case of doubt. ‘ 154. Evidence on trial for false preteuses. 144. When defendants jointly indicted 155. Evidence of female abducted cr seentitled to separate trial. ‘ duced must be corroborated. 145. When one of several defendants may · 156. Court to decide questions of law; be discharged as a witness for the _ knowledge of the court. State. 157. Jury to receive the law from the 146. \Vhcn one may be discharged to be, court and to decide the facts. a witness for defendant. , 158. Defendant may be committed after 147. Eifect of such dischargex 5 appearance, 148. Law of evidence in criminal cases. 1 Sec. 137. That after the jury is impaneled and sworn, the trial shall. 0¤l¤¤‘£:,,1>¤·=¤¤¤- proceed in the following order; ""° °” First. A counsel for the United States must state the case of the