Page:United States Statutes at Large Volume 76A.djvu/615

–519– -519(7) if the offense charged is punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he may neither be permitted nor compelled to serve as a juror. § 4112. Exemption from service as cause of challenge An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted. § 4113. Form and entry of challenge A challenge may be oral, but shall be entered in the minutes of the court or of the reporter. § 4114. Exception to or denial of challenge An adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings shall be had thereon as are prescribed in section 4098 of this title, except that if the exception is allowed the juror shall be excluded. The adverse party may also orally deny the facts alleged as the ground of challenge. § 4115. Trial of challenge to individual juror If, upon a challenge to an individual juror, the facts are denied, the challenge shall be tried by the court. § 4116. Examination of juror and witnesses Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge and shall answer every question pertment to the inquiry. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge. § 4117. Allowance or disallowance of challenge After the trial of a challenge to an individual juror, the court shall allow or disallow the challenge. Its decision shall be entered in the minutes of the court. CHAPTER 217—CONDUCT OF THE TRIAL; VERDICT STTBCHAPTER I—GENEBALLY

See.

4151. Order of proceedings on trial. 4152. Number of counsel who may argue cause. 4153. View by Jury. 4154. Forms of verdict. 4155. Finding degree of crime. 4156. Conviction of Included offense or attempt. 4157. Several defendants; conviction or acquittal of some. 4158. Several defendants; several offenses; verdict 4159. Heconsideration of verdict. 4160. Judgment upon informal verdict 4161. Recording verdict SUBCHAPTER II—EVIDENCE OENERALLT

4191. 4192. 4193. 4194.

Presumption of innocence; reasonable doubt Reasonable doubt as to degree of crime. Proof of treason. Discharge of defendant to be witness.

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