Page:United States Statutes at Large Volume 76A.djvu/607

–511– -511§ 3884. Dismissal of actions Sections 4051-4053 of this title, relating to dismissal of actions, apply in the magistrates' courts to the extent that they specifically refer to proceedings therein. § 3885. Amendment of complaint A complaint in a magistrate's court may be amended by the Government without leave of court at any time before the defendant pleads or before the preliminary examination. An amendment may be permitted at any time thereafter, in the discretion of the court, if it can be done without prejudice to the substantial rights of the defendant. § 3886. Joinder of offenses and defendants (a) Two or more offenses may be charged in the same complaint in a magistrate's court in a separate count for each offense if the offenses charged are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. (b) Two or more defendants may be charged in the same complaint in a magistrate's court if they are alleged to have participated in the same act or transaction Or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all the defendants need not be charged in each count. § 3887. Trial together of complaints; relief from prejudicial joinder (a) A magistrate's court may order two or more complaints to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single complaint. (b) If it appears that a defendant or the Government is prejudiced by a joinder of offenses or of defendants in a complaint or by such joinder for trial together, a magistrate's court raav order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. §3888. Reading complaint to defendant; plea When a defendant is put upon trial in a magistrate's court, the complaint shall be read to the defendant, whereupon the defendant may plead to it. The plea shall be "guilty" or "not guilty". If the defendant refuses to plead, the magistrate shall enter a plea of not guilty. § 3889. Proceedings on plea of guilty If the defendant pleads guilty, the magistrate may hear testimony to determine the gravity of the offense and, within 24 hours after the plea of guilty or the hearing of testimony, shall render judgment as to the punishment to be imposed. § 3890. Proceedings on plea of not guilty If the defendant, after having heard the charge, pleads not guilty, the proceedings shall be as fpliows: (1) The witnesses for the prosecution shall be examined under oath. (2) The witnesses for the defendant, including the defendant himself if he wishes to testify, shall be examined under oath. If the defendant does not testify, section 2866 of Title 5 applies. (3) Witnesses for the prosecution may be called to testify in rebuttal only of testimony given by the defendant or his witnesses. (4) The magistrate shall then consider the evidence, and within 24 hours thereafter shall render judgment. If the defendant is acquitted, he shall be immediately released. If the defendant is ad-

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