Page:United States Statutes at Large Volume 47 Part 1.djvu/909

 72d CONGRESS. SESS. II. CH. 110. FEBRUARY 21, 1933 . 885 SEC. 30a. That sections 68 and 69 of the Code of Criminal $ t o o bpncibd Procedure for the Canal Zone are hereby repealed. rants. SEC. 31. That the word " directed " in section 70 of the Code of Formation must be Criminal Procedure for the Canal Zone is hereby amended to read " direct." SEC. 32. That subdivision 2 of section 77 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows "2 . That the information be signed and filed by the district attor- sipainsos ney of the Canal Zone ." SEC. 33. That the Code of Criminal Procedure for the Canal Zone be amended by inserting therein, following section 86, a new section numbered 86a to read as follows " SEC . 86a . In charging in an information the fact of a previous ofdeny o tc` con vic ti on conviction of felony, or of an attempt to commit an offense which, if perpetrated, would have been a felony, or of petit larceny, it is Including statement sufficient to state, `That the defendant, before the commission of of. the offense charged in this information, was in (giving the title of the court in which the conviction was had) convicted of a felony (or attempt, and so forth, or of petit larceny) .' If more than one previous conviction is charged, the date of the judgment upon each convicti on must b e stated, byt not more tha n two pre vious con victions must be charged in any one information ." SE C. 34. That section 90 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : power of district at- " SEC. 90. The district attorney shall have power to issue sub- tomes to subpoena pcenas f or witnes ses ." witnesses. SEC. 35. That section 92 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows "SEC . 92 . When a defendant has been committed as provided in Examination of, after sections 33 and 41 the district attorney may, within twenty days preliminary bearing . thereafter, issue su~poenas for witnesses and examine such witnesses under oath as to the offense charged . Such examination shall be conducted in private ." SEC. 36. That section 93 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC . 93 . If, after investigation, it appears either that no public ~ti i fnopublic ef end. offense has been committed, or that there is not sufficient cause to committed, etc . believe the defen dant guil ty, the d istrict attorney must, wit hin such twenty-day period 2 ord er that t he defend ant be di scharged, and shal l Pe ent norigin file wit h the com mitting m agistrate the ori ginal pro ceedings indorsed thereon as follows : `There being no sufficient cause to believe the within named, A . B ., to be guilty of an offense, I order his discharge .'" SEC. 37. That section 94 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC . 94. If, however, it appears from the examination that a c,"110w~ tion riled, u public offense has been committed, and tha t there i s suffici ent cause to bel ieve the defendant guilty t hereof, t he distri ct attorn ey shall, within such twenty-day period, file an information against such person in the division of the district court in which the offense is triable, charging the defendant with such offense ." SEC . 38. That section 97 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC. 97. All offenses triable in the magistrates' courts, when Trial de novo. appealed to the district court, shall be tried de novo on the original complaint and warrant : Provided, however, That the complaint may nme' ndments be amended in the district court as to matters of form or substance where the rights of the defendant are not substantially prejudiced thereby ; but the amended complaint may not charge a crime different R