Page:United States Statutes at Large Volume 47 Part 1.djvu/923

 72d C ONGRESS. SESS. II. CH. 110 . F EBRUA RY 21, 1933 . 899 " SEC. 328b. Neither husband nor wife is a competent witness for Husband and wife. or against the other in a criminal action or proceeding to which one or both are parties, except with the consent of both, or in case of criminal actions or proceedings for a crime committed by one against the pers on or pro perty of the other, or in cases of criminal violence upon one by the o ther, or in cases of crimi nal actio ns or pro ceedings for bigamy or adultery, or in cases of criminal actions or proceed- ings brought under provisions of law requiring the husband to furnis h prop er mai ntenan ce and suppo rt to w ife an d mino r chil dren and providing for punishment for abandonment of wife or minor children ." SEC. 104. That the Code of Criminal Procedure for the Canal Zone is hereby amended by insert ing there in, follo wing sect ion 328b, a new section numbered 328c, to read as follows " SEC. 328c. A defendant in a criminal action or proceeding can not Defendant as witness . be compel led to be a witnes s against himself ; but if he offers him self as a witn ess, he m ay be cro ss-examin ed by the counsel for the g overn- ment as to all matters about which he was examined in chief . His neglect or refusal to be a witness can not in any manner prejudice him nor be used against him on the trial or proceeding ." SEC. 105. That section 329 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : " SEC. 329 . When defendant has been held to answer a charge for nations, dlConditioned e~amt- a publi c offe nse ei ther o r both defen dant an d the govern ment m ay, either before or after an information, have witnesses examined con- ditionally in his or its behalf, as prescribed in this chapter ." SEC. 106. That section 330 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows "SEC. 330. When a material witness for the defendant, or for the Wb en may be had. Governmen t, is abo ut to lea ve the Ca nal Zone, or is so sick or infirm as to afford reasonable grounds for apprehension that he will be unable to attend the trial, the defendant or the Government may apply for an order that the witness be examined conditionally ." SEC. 107. That section 331 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows : "SEC. 331 . The application must be made upon affidavit stating : Application for. "1. The nature of the offense charged ; "2 . The state of the proceedings in the action ; "3. The name and residence of the witness, and that his testimony is material to the defense or the prosecution of the action ; " 4. That the witness is about to leave the Canal Zone, or is so sick or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial. " The application may be made to the district court or the judge thereof, and in case of his absence or inability to act may be made to a magistrate, and must be made upon three days' notice to the opposite party .' SEc. 108. That section 332 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows " SEC. 332 . If the court, judge, or magistrate is satisfied that the Order to issue. examination of the witness is necessary, an order must be made that th e witness be exami ned condi tionally, at a sp ecified t ime and p lace, and before a magistrate designated therein ." SEC. 109. That section 333 of the Code of Criminal Procedure for the Canal Zone is hereby amended to read as follows "SEC . 333 . The defendant has the right to be present in person t bƒproso f d efend nt and with counsel at such examination, and if the defendant is in