Page:United States Statutes at Large Volume 47 Part 1.djvu/911

 72d CONGR ESS. SESS. II. CH. 110. F EBR UARY 21, 1933 . be not in session, that you deliver him into the custody of the warden of said district. Given under my hand, with the seal of the court affixed, this day of ,A.D. By order of the Court. [SEAL] Clerk of the Court ." 887 SEC . 46 . That section 134 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows "SEC. 134. If the defendant appears for arraignment without righ t of defendant counsel, he must be informed by the court that it is his right to have merit to°have counsel. counsel before being arraigned, and must be asked if he desires the aid of counsel. If he desires and is unable to employ counsel, the court may assign counsel to defend him ." SEC . 47 . That section 138 of the Code of Criminal Procedure for the Canal Zone as amended by Executive order of August 16, 1910, is hereby amended to read as follows : " SEC. 138. When the information is not subscribed by the district information set a side attorney, it must be set aside by the court in which the defendant is scribed. arraigned, upon his motion." SEC. 48. That section 140 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC. 140. The motion must be heard at the time it is made, unless, Hearing of motion. for cause, the court postpones the hearing to another time. If the W hen denied f motion is denied, the defendant must immediately answer the infor- mation either by demurring or pleading thereto. If the motion is Granted. granted, the court must order that the defendant, if in custody, be discharged therefrom ; or, if admitted to bail, that his bail be exon- erated ; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that an information be filed by the district attorney ." SEC . 49. That section 150 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : "SEC. 150. An information may be amended by the district Ame ndment of infor- att orney wit hout leav e of cour t, a t any tim e be fore the defen dant maceon. pleads. Such amendment may be mate at any time thereafter, in the discretion of the court, where it can be done without prejudice to the substantial rights of the defendant. If a demurrer is allowed, b aDems ubse que nt r if allow ed, the judgment is final upon the information demurred to, and is a ecutionforsameoffense. bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is sustained ma y be avoided i n a new inform ation, directs a new information to be filed ." SEC. 5 0 . That the Code of Crimi nal Proc edure for the Cana l Zo ne is hereby amended by inserting therein, following section 163, a new section numbered 163a, to read as follows " SEC. 163a. When a defendant who is charged in the information Previous convictions with having suffered a previous conviction, pleads either guilty or not c har g ed in information. guilty of the offense for which he is informed against, he must be Ante, p. ass. asked whether he has suffered such previous conviction. If he answers that he has, his answer must be entered by the clerk in the minutes of the court, and must, unless withdrawn by consent of the court, be c onclus ive o f the fact o f his having suff ered s uch pr evious conviction in all subsequent proceedings. If he answers that he has not, his answer must be entered by the clerk in the minutes of the court, and the question whether or not he has suffered such previous conviction must be tried by the court or jury which tries the issue upon the plea of not guilty, or in case of a plea of guilty, by the court