Page:United States Statutes at Large Volume 76A.djvu/596

–500– -500(3) the facts stated do not constitute a public offense; or (4) it contains any matter which if true would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution— the judgment is final upon that information, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the motion is granted may be avoided in a new information, directs a new information to be filed. § 3546. Dismissal of unsigned information An order to dismiss an information, because it is not subscribed by the United States attorney, is not a bar to a future prosecution for the same offense. § 3547. Dismissal by a t to r n e y for government or for w a n t of prosecution An order for the dismissal of the action, as provided in sections 4051-4053 of this title or Rule 48 of the Federal Rules of Criminal Procedure, is a bar to any other prosecution for the same offense, if it is a misdemeanor, unless the order is explicitly made for the purpose of amending the complaint or information in the action, in which instance the order for dismissal of the action is not a bar to a prosecution upon the amended complaint or information j but an order for the dismissal of the action is not a bar if the offense is a felony. Subchapter III—Charging Previous Convictions § 3571. Charging previous conviction of offenses In charging in an information the fact of a previous conviction of felony, or of an attempt to commit an offense which if perpetrated would have been a felony, or of petit larceny, it is sufficient to state, "That the defendant, before the commission of the offense charged in this information, was in (giving the title of the court in which the conviction was had) on (date) convicted of a felony (or attempt, and so forth, or of petit larceny)." § 3572. Pleading judgments I n pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction, it is not necessary to state the facts constituting jurisdiction; but the judgment or determination may be stated as given or made, or the proceedings had. The facts constituting jurisdiction, however, shall be establi^ed on the trial. § 3573. Plea and procedure on charge of previous conviction When a defendant who is charged in the information with having suffered a previous conviction pleads either guilty or not guilty oi the offense for which he is informed against, he shall be asked whether he has suffered the previous conviction. If he answers that he has, his answer shall be entered by the clerk in the minutes of the court, and, unless withdrawn by consent of the court, shall be conclusive of the fact of his having suffered the previous conviction in all subsequent proceedings. If he answers that he has not, his answer shall be entered by the clerk in the minutes of the court, and the question whether or not he has suffered the previous conviction shall be tried by the court or jury which tries the issue upon the plea of not guilty, or in case of a plea of guilty, by the court or a jury impaneled for that purpose. The refusal of the defendant to answer is equivalent to a denial that he has suffered the previous conviction. If the defendant pleads not guilty, and answers that he has suffered the previous conviction, the charge of the previous conviction may not be i*ead to the court or jury, nor alluded to on the trial.

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