Page:United States Statutes at Large Volume 47 Part 1.djvu/912

 888 72d CONGRESS. S .ESS. II. CH. 110 . F EBRU ARY 21, 1933 . or a jury impaneled for that purpose. The refusal of the defendant to answer is equivalent to d denial that he has .Mitered such previous convi ction. In case the defendant pleads not guilty, and answers that he has suffered the previous conviction, the charge of the previ- ous conviction must not be read to the court or jury, nor alluded to on the trial ." SEC . 51 . That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 169, a new section numbered 169a, to read as follows Removal of action " SEC. 169a. The court may also order the removal of the action se sn agreement of p ar' from one division to the other upon the agreement of the parties ." Mode of trial . SEC . 52 . That section 170 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows Issues of fact . " SEC. 170. An issue of fact arises " 1. Upon a plea of not guilty. " 2. Upon a plea of a former conviction or acquittal of the same offense. "3. Upon a plea of once in jeopardy." SEC. 53 . That section 171 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : Tried by ju ry in " SEC . 171. Issues of fact in criminal cases within the original criminal cases . jurisdiction of the district court of the Canal Zone must be tried by jury, unless a trial by jury be waived ." SEC. 54. That section 175 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : Rig ht of de fendant to " SEC . 175 . After his plea the defendant is entitled to at least two prepare . days to prepare for trial ." SEC. 55. That chapter I of title VII of the Code of Criminal Pro- cedure for the Canal Zone is hereby amended by inserting therein, before section 177, new sections numbering 176a, b, c, d, e f, g, h, i, j,k,1,m,n,o,00,p q,r,s,t,u,v,w,x,y,andz,readingasfollows "Challenge" defined. " SEC. 176a. A challenge is an objection made to the trial jurors, and is of two kinds "1. To the panel ; "2. To an individual juror ." Several defendants " SEC . 176b. When several, defendants are tried together they can can not sever . not sever their challenges, but must join therein ." Panel" defined. " SEC. 176c. The panel is a list of jurors to serve for a particular period or for the trial of a particular action ." "Cballengetopanel" " SEC. 176d. A challenge to the panel is an objection made to all the defined. jurors returned, and may be taken by either party ." When can be "SEC. 176e. A challenge to the panel can be founded only on a founded. material departure from the forms prescribed in respect to the draw- ing and return of the jury, or on the intentional omission of the marshal to summon one or more of the jurors drawn ." When and how taken. " SEC. 176f. A challenge to the panel must be taken before a juror is sworn and must be in writing or be noted by the reporter, and must pla inly and disti nctl y st ate t he f acts cons titut ing the groun d of challenge ." Exce ptions to, when " SEC. 176g. If the sufficiency of the facts alleged as ground of su filc iene y de nted z the challenge is denied, the adverse party may except to the challenge . The exception need not be in writing, but must be entered on the minutes of the court, or of the reporter, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true ." Deni al allowe d if ex. " SEC. 176h. If on exception the court finds the challenge sufficient, ception overruled. it may, if justice requires it, permit the party excepting to withdraw his exception and to Any the facts alleged in the challenge. 'If