Page:United States Statutes at Large Volume 62 Part 1.djvu/861

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 645-JUNE 25, 1948 (b) Any person charged with a petty offense may elect, however, to be tried in the district court of the United States. The commis- sioner shall apprise the defendant of his right to make such election and shall not proceed to try the case unless the defendant after being so apprised, signs a written consent to be tried before the commissioner. (c) The probation laws shall be applicable to persons so tried and the commissioner shall have power to grant probation. (d) For his services in such cases the commissioner shall receive the fees, and none other, provided by law for like or similar services. (e) This section shall not apply to the District of Columbia nor shall it repeal or limit existing jurisdiction, power or authority of commis- sioners appointed for Alaska or in the several national parks. § 3402. RULES OF PROCEDURE, PRACTICE AND APPEAL In all cases of conviction by United States commissioners an appeal shall lie from the judgment of the commissioner to the district court of the United States for the district in which the offense was committed. The Supreme Court shall prescribe rules of procedure and practice for the trial of cases before commissioners and for taking and hearing of appeals to the said district courts of the United States. CHAPTEa 221.- AR B BA I GNM ENT, PLEAS AND TRIAL Sec. 3431 Term of court; power of court unaffected by expiration-Rule. 3432. Indictment and list of jurors and witnesses for prisoner in capital cases. 3433. Arraignment-Rule. 3434. Presence of defendant-Rule. 3435. Receiver of stolen property triable before or after principal. 3436. Consolidation of indictments or informations-Rule. 3437. Severance-Rule. 3438. Pleas--Rule. 3439. Demurrers and special pleas in bar or abatement abolished; relief on motion-Rule. 3440. Defenses and objections determined on motion-Rule. 3441. Jury; number of jurors; waiver-Rule. 3442. Jurors, examination, peremptory challenges; alternates-Rule. 3443. Instructions to jury-Rule. 3444. Disability of judge-Rule. 3445. Motion for judgment of acquittal-Rule. 3446. New trial-Rule. § 3431. TERM OF COURT; POWER OF COURT UNAFFECTED BY EXPIRATION- (RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Expiration of term without significance in criminal cases, Rule 45 (c). § 3432. INDICTMENT AND LIST OF JURORS AND WITNESSES FOR PRISONER IN CAPITAL CASES A person charged with treason or other capital offense shall at least three entire days before commencement of trial be furnished with a copy of the indictment and a list of the veniremen, and of the wit- nesses to be produced on the trial for proving the indictment, stating the place of abode of each venireman and witness. § 3433. ARRAIGNMENT-(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Reading and furnishing copy of indictment to accused, Rule 10. § 3434. PRESENCE OF DEFENDANT- (RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Right of defendant to be present generally; corporation; waiver, Rule 43. § 3435. RECEIVER OF STOLEN PROPERTY TRIABLE BEFORE OR AFTER PRI- CIPAL A person charged with receiving or concealing stolen property may be tried either before or after the trial of the principal offender. 831

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