Page:United States Statutes at Large Volume 47 Part 1.djvu/917

 72d CONGRESS. SESS. II. CH. 110. FEB RUARY 21, 1933 . 893 expressed, the verdict is complete, and the jury must be discharged from the case ." SEC . 71 . That section 206 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC. 206 . Whenever the fact of a previous conviction of another Previo us convic tions. Jury to find on, when offense is charged in an information, the court or jury, if it finds a ch arg ed in information verdict of guil ty of the offense with wh ich he i s charge d, must also, and denied. unless the answer of the defendant admits the charge, find whether or not he has suffered such previous conviction. The verdict of the court or jury upon a charge of a previous conviction may be : 'The charge of previous conviction is true,' or `The charge of previous conviction is not true ."' SEC . 72. That section 207 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC. 207 . The court or jury may find the defendant guilty of any offense, or for lesser offense, the co mmission of which is nece ssarily included in that with which he is charged, or of an attempt to commit the offense ." SEC. 73. That section 208 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : " SEC. 208. On an information against several, if the court or verdict as to some jury can not agree upon a verdict as to all, they may render a verdict d efendants. as to those in regard to whom they do agree, on which a judgment must be en tered accor dingl y, an d the case as to the o thers may be Ret irem ent as to retired ." othe rs' SEC. 74 . That the Code of Criminal Procedure for the Canal Zone is hereby amended by inserting therein, following section 209, a new section numbered 209a, to read as follows " SEC. 209a. The court may, without regard to the consent or signin g and se aling objection of pa rties, direct the ,ury, in case the y should agree, to sign of verdict. the verdict, place it in an envelope, and return it into open court, or may direct the marshal to permit the jury, upon agreement, to sign and seal their verdict and return it into open court the following morning, or, upon the jury's coming into court to report agreement, counsel being a bsent, ma y instru ct the j ury to s eal thei r verdic t and return it into court on the following day ." SEC. 75 . That the Code of Criminal Procedure for the Canal Zone is here by amend ed by ins erting t herein, followin g sectio n 209a, a new section numbered 209b, to read as follows " SEC. 209b. All criminal cases in the district court in which a jury Number of Jurors. is had, shall be tried by a jury of twelve, all of whom must concur to render a verdict ." SEC. 76 . That section 210 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows "SEC. 210 . An exception is an objection upon a matter of law to a ° Exce ptio n"d efin ed. decision made by a court, tribunal, judge, or other judicial officer in an action or proceeding . Except as provided in se cti on 212 the when taken . exception must be taken at the time the decision is made. Rulings Rulings on minor of the court upon minor discretionary matters, such as adjournments, discret ionary ma tters . post pone ment s of trials, and the like, shall not be sub ject to exception ." SEC. 77. That section 212 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows "SEC . 212 . The verdict of the jury, the final decision in an action What d eemed to have or proc eeding, an interl ocutory order or decisio n finall y determ ining bee n ex cept ed to. the rights of the parties or some of them, an order or decision from which an appeal may be taken, an order sustaining or overruling a demurrer, granting or refusing a motion to set aside an information, a motion in arrest of judgment, a motion for a new trial, making or refusing to make an order after judgment affecting any substantial