Page:United States Statutes at Large Volume 30.djvu/1338

 1300 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. sustain it. Second. The defendant., or his counsel, must then state his defense, and may briefly state the evidence he expects to offer in support of it. Third. The United States must iirst produce its evidence; and the defendant will then produce his evidence. Fourth. The United States will then be confined to rebutting evidence, unless the court, for good reasons, in furtherance of justice, ermit it to oiler evidence in chieil P Fifth. When the evidence is concluded, either party may request instructions to the jury on points of law, which shall be given or refused by the court; which instructions shall be reduced to writing if either ar re uest it. ‘ Sixth. Vtgheiil the evidence is concluded, unless the case be submitted without argument, the counsel for the United States shall commence, the deiendant or his counsel follow, and the counsel for the United States conclude the argument to the jury. Seventh. Theycourt, after the argument is concluded, shall immediately, and before proceeding with other business, charge the jury; which charge, or any charge given after the conclusion of the argument, shall be reduced to writing by the court, if either party request it before the argument of the trial is commenced; such charge or charges, or any other charge or instructions provided for in this section, when so written and given, shall in no case be orally qualified, modified, or in any manner explained to the jury by the court; and all written charges and instructions shall be taken by the jury in their retirement, and returned with their verdict into court, and shall remain on iile with papers of the case. Conduct ur jury Sec. 138. That when a case is finally submitted, the jurors must be {ff' °“° “‘ "“"“"' kept together in some convenient place under the charge of an officer until they agree upon a verdict or are discharged by the court; the officer having them in charge shall not suffer any communication to be ‘ made to them nor make any himself, except to ask them if they have agreed upon a verdict, unless by order of the court; nor shall he communicate to any person, before the verdict is delivered, any matter in relation to the state of their deliberations; and if the jurors be permitted to separate during the trial, they shall be admonished by the court that it is their duty not to converse with, nor to suder themselves to be addressed by, any person, nor to listen to any conversation on the subject {pf the tris], nor} to form or express an opinion thereon, until the case is na y su mitte to them. F¤rwh¤w¤¤¤¤¤¤¤r¤ Sec. 139. That the court may discharge a jury without prejudice to ”'°’ 'u°°b"g°j°"‘ the prosecution for the sickness of a juror, the corruption of a juror, or other accident or calamity, or because there is no probability of the jplrors agreeing, and the reason for the discharge shall be entered on e journal. Jury m¤y1»¤1><>¤¤d· Sec. 140. That when the jurors agree upon their verdict they must be conducted into com·t by the officer having them in charge; and befpre abc (yerdict is accepted, qhejupy may be polled at the request of cit er c istrict attorney or the e ent ant. m:pui¤gp$m;· Sec. 141. That when an indictment charges an offense against prop- ’ erty by larceny, embezzlement, or obtaining by false pretenses, the jury, on conviction, shall ascertain and declare in the verdict the value _ of the property stolen, embezzled, or falsely obtained. Pr{‘§}j;{‘*{n,f;j&,,§; Sec. 142. That no act committed by a person while in a state of volnot_be to deemed iu- untary intoxication shall be deemed less criminal by reason of his hav- “‘““‘Y· ing been in such condition; but whenever the actual existence of any particular motive, purpose, or intent is a necessary element to constitute any particular species or degrees of crime, the jury may take into consideration the fact that the detendant was intoxicated at the time determining the purpose, motive, or intent with which he committed e act.
 * 1) prosecution, and may brielly state the evidence by which he expects to