Page:United States Statutes at Large Volume 47 Part 1.djvu/904

 880 72d CONGRESS. SESS. II. CHS. 109, 110 . FEBRUARY 21, .933 . offense shall 'be punished according to the provisions of law existing when it was committed in the same manner as if this Act had not been passed. Approved, February 21, 1933. [C$tlPTER 110.] February 21,1933. AN ACT [Pu bli c, I~	gNso . 2o .[ 388 .[ An Act to amend the Code of Criminal Procedure for the Canal Zone. Be it enacted by the Senate and House of Re resentatives of the P~ ~dnre can hone. United States Criminal Ame ri ca in Congress assemble, That section 2 of Amendments. the Code of Crim inal Pro cedu re for the C anal Zon e is her eby amended to read as foll ows Jury trials. " SEC . 2 . No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon waiver. a plea of guilty, or upon a judgment of the district court, a jury having been wai ved, or upon the judgmen t of a m agistrat e's cour t ." SEC. 2. That section 3 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows Prosecution by in- " SEC . 3. vet off ense of which th e distri ct court has ori ginal formation signed by y district attorney. jurisdiction mus t be prosecuted by information s igned by the dist rict attorney, or in the case of his absence by an assistant district attorney. The infor mation must stat e that it is based upon due investigation of the facts relat ing to the crime charged therein, and on the sworn testimony of one or more witnesses ." SEC. 2a. That the Code of Criminal Procedure for the Canal Zone is hereby amended by adding a new sect ion n umber ed 3a, read ing as follows to inldecalsttoney', "SEC . 3a. Wherever the designation `district attorney' appears in this code, such designation shall include an assistant district Proviso. attorney : Provided, however, That this section shall only apply dur- Application . ing the absence or disability of the district attorney or during a vacan cy in the offi ce of dist rict atto rney ." SEC. 3. That section 8 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows o Jurisdiction over " S EC . 8 . The jurisdiction of an offense triable either in the district or magistrates' courts shall be in the division or subdivision where the offense has been committed ." SEC. 4. That section 9 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows Offenses eommitted " SEC . 9. Every person is liable to punishment by the law of the within Canal Zone . Can al Zone, or y the la ws of the United States which are made app li cab le to the Can al Zone, for an offense committed by him therein ." SEC. 5. That section 11 of the Code of Criminal Procedure for the Canal Zo ne is he reby ame nded to read as follows Rights of defendant . " SEC . 11 . In a criminal action, the defendant is entitled- " 1. To a speedy and public trial. "2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel . "3. To produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except .that where the charge has been preliminarily examined before a com- mitting magistrate and the testimony taken down by question and answ„° in the ,r' ence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross- examine the witness ; or where the testimony of a witness on the