Page:United States Statutes at Large Volume 62 Part 1.djvu/863

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 645-JUNE 25, 1948 Sec. 3488. Intoxicating liquor in Indian country as evidence of unlawful introduction. 3489. Discovery and inspection-Rule. 3490. Official record or entry-Rule. 3491. Foreign documents. 3492. Commission to consular officers to authenticate foreign documents. 3493. Deposition to authenticate foreign documents. 3494. Certification of genuineness of foreign document. 3495. Fees and expenses of consuls, counsel, interpreters and witnesses. 3496. Regulations by President as to commissions, fees of witnesses, counsel and interpreters. 3497. Account as evidence of embezzlement. 3498. Depositions-Rule. 3499. Contempt of court by witness-Rule. § 3481. COMPETENCY OF ACCUSED In trial of all persons charged with the commission of offenses against the United States and in all proceedings in courts martial and courts of inquiry in any State, District, Possession or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him. § 3482. EVIDENCE AND WITNESSES--(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Competency and privileges of witnesses and admissibility of evidence governed by principles of common law, Rule 26. § 3483. INDIGENT DEFENDANTS, PROCESS TO PRODUCE EVIDENCE--(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Subpoena for indigent defendants, motion, affidavit, costs, Rule 17 (b). § 3484. SUBPOENAS-(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Form, contents and issuance of subpoena, Rule 17 (a). Service in United States, Rule 17 (d), (e, 1). Service in foreign country, Rule 17 (d), (e, 2). Indigent defendants, Rule 17 (b). On taking depositions, Rule 17 (f). Papers and documents, Rule 17 (c). Disobedience of subpoena as contempt of court, Rule 17 (g). § 3485. EXPERT WITNESSES--(RULE) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Selection and appointment of expert witnesses by court or parties; compensa- tion, Rule 28. § 3486. TESTIMONY BEFORE CONGRESS: IMMUNrrY No testimony given by a witness before either House, or before any committee of either House, or before any joint committee established by a joint or concurrent resolution of the two Houses of Congress, shall be used as evidence in any criminal proceeding against him in any court, except in a prosecution for perjury committed in giving such testimony. But an official paper or record produced by him is not within the said privilege. § 3487. REFUSAL TO PAY AS EVIDENCE OF EMBEZZLEMENT The refusal of any person, whether in or out of office, charged with the safe-keeping, transfer, or disbursement of the public money to pay any draft, order, or warrant, drawn upon him by the General Account- ing Office, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money, promptly, upon the legal requirement of any authorized officer shall be deemed, upon the trial of any indictment against such person for embezzlement, prima facie evidence of such embezzlement. 68706--49--pt. 1 --8 833

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