Page:United States Statutes at Large Volume 76A.djvu/595

–499– -499§ 3508. Right of attorney to visit prisoner An attorney at law entitled to practice in the courts of the Canal Zone may, at the request of a prisoner, after his arrest, visit the person so arrested. § 3509. Modes of conviction of public offense A person may be convicted of a public offense only: (1) by the verdict of a jury, accepted and recorded by the court; (2) upon a plea of guilty; (3) upon a judgment of the district court, when a jury is waived, or upon appeal from a judgment of a magistrate's court; or (4) upon a judgment of a magistrate's court. § 3510. Offenses committed within special maritime and territorial jurisdiction of United States The practice and procedure in prosecutions under section 143 of Title 3 for offenses committed within the special maritime and territorial jurisdiction of the United States shall be the same as in other criminal actions tried under the laws of the Canal Zone. § 3511. Restraint before conviction A person charged with a public offense shall not be subjected before conviction to any more restraint than is necessary for his detention to answer the charge. Subchapter II—Double Jeopardy § 3541. Prohibition of second prosecution for same offense A person may not be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted. § 3542. Conviction, acquittal, or jeopardy; attempts; included offenses When the defendant is convicted or acquitted, or has been once placed in jeopardy upon an information, the conviction, acquittal or jeopardy is a bar to another information for the same offense charged m the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that information. § 3543. Former acquittal on merits Whenever the defendant is acquitted on the merits he is acquitted of the same offense notwithstanding any defect in form or substance in the information on which the trial was had. § 3544. Former acquittal other than on merits If the defendant was formerly acquitted on the ground of variance between the information and the proof, or the information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. § 3545. Dismissal on motion raising defense or objection to information If a motion is granted which raises a defense or objection to an information on the ground that: (1) it does not substantially conform to the requirements of this title or the Federal Rules of Criminal Procedure; (2) more than one offense is charged;

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