Page:United States Statutes at Large Volume 76A.djvu/612

–516– -516CHAFTER 215—MODE OF TRIAL; TRIAL JURY See. 4091. 4092. 4093. 4094. 4095. 4096. 4097. 4098. 4099. 4100. 4101. 4102. 4103. 4104. 4105. 4106. 4107. 4108. 4109. 4110. 4111. 4112. 4113. 4114. 4115. 4116. 4117.

Plea and motions upon which Issues of fact arise. Jury trial in criminal cases. Definition and kinds of challenge. Panel defined. Challenge to panel; who may challenge. Grounds of challenge to panel. Time and method of challenge to panel. Exception to challenge to panel. Determination on exception to challenge to panel. Denial of challenge to panel and trial thereon. Challenge to panel for bias of summoning officer. Effect of allowance or disallowance of challenge to panel. Informing defendant as to time to challenge individual juror. Kinds of challenge to individual juror. Time for challenge to individual juror. Peremptory challenge. Number of peremptory challenges; waiver. Challenge for cause; kinds. General causes of challenge. Particular causes of challenge. Challenge for implied bias. Exemption from service as cause of challenge. Form and entry of challenge. Exception to or denial of challenge. Trial of challenge to individual juror. Examination of juror and witnesses. Allowance or disallowance of challenge.

§ 4091. Plea and motions upon which issues of fact arise An issue of fact arises in a criminal action upon a: (1) plea of not guilty; (2) motion raising the defense of a former conviction or acquittal of the same offense; or (3) motion raising the defense of once in jeopardy. § 4092. Jury trial in criminal cases Issues of fact in criminal cases within the original jurisdiction of the district court shall be tried by jury, unless a trial by jury is waived in the manner provided by Kule 23(a) of the Federal Rules of Criminal Procedure. § 4093. Definition and kinds of challenge A challenge is an objection made to the trial jurors, and is of two kinds: (1) to the panel; and (2) to an individual juror. § 4094. Panel defined The panel is a list of jurors returned by the marshal to serve for a particular period or for the trial of a particular action. § 4095. Challenge to panel; who may challenge A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party. § 4096. Grounds of challenge to panel A challenge to the panel may be founded only on: (1) a material departure from the forms prescribed with respect to the drawing and return of the jury; or (2) the intentional omission of the marshal to summon one or more of the jurors drawn. § 4097. Time and method of challenge to panel A challenge to the panel may be taken only before a juror is sworn and shall be in writing or be noted by the reporter. I t shall plainly and distinctly state the facts constituting the ground of challenge.

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