Page:United States Statutes at Large Volume 76A.djvu/608

–512– -512judged guilty, the magistrate shall, within the time limit, fine or commit him to jail, or both, as the case may be, unless he is placed on probation. § 3891. Conduct of trial; evidence Subject to this chapter, the following provisions, except as otherwise provided therein, apply to criminal actions in the magistrates' courts unless by their nature they are clearly inapplicable: (1) chapter 217 of this title, relating to conduct of the trial; and (2) Part 3 of Title 5, relating to evidence. § 3892. Judgment and execution; probation (a) Sections 4373^375, 4411-4413, and 4415-4418 of this title, relating to judgment and execution, apply in the magistrates' courts. (b) Sections 4511 and 4512 of this title, relating to suspension of sentence and probation, apply in the magistrates' courts. Subchapter III—Appeals to District Court § 3921. Right of appeal by defendant Appeals by defendants from judgments of the magistrates' courts to the district court are authorized in all criminal actions. § 3922. Manner of taking appeal An appeal from the judgment of a magistrate's court may be taken and perfected by the defendant h^ giving oral or written notice in the magistrate's court of his intention so to do at any time within five days after judgment is rendered. § 3923. Transmitting warrant and complaint to district court Upon the perfection of an appeal by the defendant, the magistrate shall forthwith transmit the warrant and the complaint to the clerk of the district court. § 3924. Trial de novo in district court All offenses triable in the magistrates' courts^ when appealed by the defendant to the district court, shall be tried de novo on the original complaint. Unless the context clearly indicates otherwise, all references to an information in this Part and in the Federal Rules of Criminal Procedure shall be deemed to include a complaint in an action which is being tried in the district court on appeal. § 3925. Amendment of complaint in district court The complaint may be amended in the district court as to matters of form or substance where the rights of the defendant are not substantially prejudiced thereby; but the amended complaint may not charge a crime different from that charged or sought to be charged in the original complaint. § 3926. Appeals by Government (a) An appeal may be taken by the Government of the Canal Zone from a magistrate's court to the district court in all criminal actions: (1) from a decision, ruling, or judgment setting aside, or dismissing the complaint, or any count thereof, where the decision, ruling, or judgment is based upon the invalidity or construction of the statute or regulation upon which the complaint is founded; (2) from a decision, ruling, or judgment dismissing the complaint for insufficiency; (8) from a decision, ruling, or judgment sustaining a motion in bar, when the defendant has not been put in jeopardy.

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