Page:United States Statutes at Large Volume 76A.djvu/627

–531– -531Subchapter III—Execution of Death Sentence § 4451. Warrant for execution of judgment of death; time of execution When judgment of death is rendered, a warrant signed by the judge and attested by the clerk, under the seal of the court, shall be drawn and delivered to the marshal. I t shall state the conviction and judgment, and appoint a day on which judgment is to be executed, which must be not less than 90 nor more than 120 days from the time of judgment, and shall direct the marshal to deliver the defendant, within 10 days from the time of judgment, to the warden of the penitentiary, for execution. § 4452. Transmission of statement of conviction and testimony to Governor Immediately after a conviction in the district court requiring a judgment of death, the judge thereof shall transmit to the Governor, by mail or otherwise, a statement of the conviction and judgment and of the testimony given at the trial. § 4453. Suspension of execution of judgment of death generally A judge or court, or, except as provided in sections 4451 1459 of this title, an officer other than the Governor, may not suspend the execution of a judgment of death, unless an appeal is taken. § 4454. Inquiry into sanity of defendant (a) If, after his delivery to the warden of the penitentiary for execution, there is good reason to believe that a defendant under judgment of death has become insane, the warden shall call this fact to the attention of the United States attorney, who shall immediately file in the district court a petition, stating the conviction and judgment, and the fact that the defendant is oelieved to be insane, and asking that the question of his sanity be inquired into. (b) Upon the filing of the petition, the district court shall order that the defendant be examined as to his mental condition by at least three designated examiners, as defined by section 1631 of Title 5. For the purpose of the examination the court may order the defendant committed to a hospital, as defined by section 1631 of Title 5, for such reasonable period as the court may determine. The designated examiners shall report to the court, and the report shall be placed on file and shall be accessible to the counsel for the Government and to the defendant or his counsel. § 4455. Hearing and findings as to sanity Upon receiving the report of the designated examiners pursuant to section 4454 of this title, the district court shall hold a hearing upon due notice, in which evidence as to the mental condition of the defendant may be submitted, including that of the reporting designated examiners, and the court shall make a finding with respect to the sanity of the defendant. If the defendant appears without counsel, the court shall appoint counsel to represent him at the hearing. § 4456. Order as to sanity; commitment to hospital The finding of the district court shall be entered upon the minutes, and the court shall enter an order reciting the fact of the hearing and the result thereof. When it is found that the defendant is insane, the order shall commit the defendant to a hospital as defined in section 1631 of Title 5 and direct that he be kept there in safe confinement until his reason is restored.

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