Page:United States Statutes at Large Volume 30.djvu/1342

 1304 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. court shall commence within less than twenty days from the time of filing such decision, then such motion shall be tiled by the first day of said term. In either case the adverse party may, within four days after the filing of the motion, file counter affidavits, where the same are allowed. M<>*~;:¤ ¤l·°¤*·* ¤**¤°° Sec. 171. That in all cases of motion for a new trial the grounds gum thereof shall be plainly specified, and no cause of new trial not so stated shall be considered or regarded by the court. When the motion is made for a cause mentioned in subdivisions one, two, three, or four of section one hundred and sixty-eight of this Title, it shall be upon adldavit setting forth the facts upon which Such motion is based. £¤¤d¤,:¤:d=¤id¤*** Sec. 172. That if the motion be supported by affidavits, counter W °° Wailidavits may be offered by the adverse party; and if the cause be newly discovered evidence, the ailidavits of any witness or witnesses showing what their testimony will be shall be produced, or good reason shown for their nonproduction; and in the consideration of any motion for a new trial, reference may be had to any proceedings in the case prior to the‘verdict or other decision sought to be set aside. CHAPTER EIGHTEEN. OF ABBEST OF JUDGMENT. sw. sw. 173. Motionin arrest of judgment. \ 175. Defendant, when to be held. · 174. Effect of arrest of judgment. 176. When to be discharged. ,u},‘;§::,_*¤ °"•‘°* °’ Sec. 173. That a motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant on a plea of a former conviction or acquittal. It may be founded on either or both of the causes specified in subdivisions one and four of section ninety of this Title, and not otherwise. The motion must be made within the time allowed to file a motion for a new trial, and both such motions may be made together, and heard and decided at once or separately, as the court may direct. jugggfugf *“"°¤* °‘· SEO. 174. That the effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment was found. h1]:g;·d·¤*·*l·•¤ *° Sec. 175. That it, from the evidence given on the trial, there is reasonable ground to believe the defendant guilty, and a new indictment can be framed upon which he maybe convicted, the court must order the · defendant to be recommitted to custody or admitted to bail, to answer the new indictment, if one be found; and if the evidence show him to be guilty of another crime than that charged in the indictment, he must in like manner be committed or held thereon, and in neither case is the verdict a bar to another action for the same crime. cing °° "° ‘“”‘ Sec. 176. That if no evidence appear sufficient to charge the defendant with any crime, he must, if in custody, be discharged, or if he has given bail or deposited money in lieu thereof, his bail is exouerated or his money must be refunded to him; and in such case the arrest of judgment operates as an acquittal of the charge upon which the indictment was founded. Gnu-rE1x' N1nE·rEEN. OF THE JUDGMENT. Sec.Sec. 177. Time for prcnouncing judgment. i 1w. Defendant, if in custody, must be 178. What time may be appointed. . bron ht before the court. 179. If conviction thr a felony, defendant { 181. Proceeding when defendant on bail must be present; if for misde-, and does notappear for judgment. meanor, not necessary to be pres- _ 182. Bench warrant to issue. ent. g 183. Form of bench warrant.