Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

SEC. 26. Every person who shall be convicted of any offence made. by the Code a misdemeanor, or punishable under the same as such, shall, in the absence of other provision, be punished by imprisonment in jail not over one year, or by fine not exceeding two hundred dollars, or, in the discretion of the court, by both fine and imprisonment, as aforesaid.

SEC. 27. The term "infamous crime," as used in this Code, shall be construed as including every offence punishable with death, or by imprisonment in the penitentiary, and no other.

SEC. 28. A person sentenced to imprisonment in the penitentiary for life, shall thereafter be deemed civily dead.

SEC. 29. A sentence of imprisonment in the penitentiary, for any term less than life, shall suspend all the civil rights of the person so sentenced, and forfeit all public offices, and all private trusts, authority, or power, during the term of his imprisonment.

SEC. 30. The person, however, of a convict sentenced to imprisonment in the penitentiary shall be under the protection of the law; and any injury thereto, not authorized by law, is punishable in the same manner as if he was not sentenced.

SEC. 31. Whenever any person is imprisoned in the penitentiary, he shall be kept at hard labor therein during the period for which he was sentenced.

SEC. 32. Whenever any person under the age of twenty-one years shall be convicted of any crime punishable by imprisonment in the penitentiary, the court may substitute confinement in the county jail for any definite period not exceeding two years.

SEC. 33. Whenever any person under the age of sixteen years shall be convicted of any offence punishable by imprisonment in the penitentiary or confinement in the county jail, the court may substitute therefor, confinement in the house of refuge or correction, now or hereafter to be established, for any definite period not exceeding one year.

SEC. 34. In every case of a conviction of a capital crime, the judge of the criminal court may, in his discretion, order the body of the convict, after his execution, to be given up for dissection. The marshal in such case shall deliver the dead body of such convict to a professor of anatomy and surgery in some college or seminary within. this District, if requested; otherwise, he may deliver it to any surgeon who will attend to receive it, and will engage for the dissection thereof.

SEC. 35. Any person who shall have been imprisoned in the penitentiary of any State or Territory of this Union, or in any prison in a foreign country, under a sentence for the commission of any crime which by the laws of this District is punishable by death or imprisonment in the penitentiary, shall be subject to all the disabilities imposed upon those who have been convicted of similar offences within this District.

TITLE III.

Of proceedings in criminal cases.

CHAPTER 140. Of rights of persons accused,

CHAPTER 141. Of proceedings to prevent and detect the commission of crimes.

CHAPTER 142. Of the arrest and examination of offenders, commitment for trial, and taking bail.

CHAPTER1 43. Of ir dictments and proceedings before trial.

CHAPTER 144. Of trials in criminal cases.

CHAPTER 145. Of judgments in criminal cases, and the execution thereof.
CHAPTER 146. General provisions concerning proceedings in criminal cases.

CHAPTER 140.

OF THE RIGHTS OF PERSONS WHO ARE ACCUSED OF CRIMES AND

OFFENCES.

SECTION

1. What offences to be prosecuted only by indictment.

2. Party accused may have counsel, defend himself, produce evidence, &c.

3. Persons indicted, how convicted.

SECTION

4. Former acquittal, when a bar to a subsequent prosecution.

5. No person to be punished until legally convicted.

SECTION 1. No person shall be held to answer, in any court, for an alleged crime or offence, unless upon indictment by a grand jury, except in the following cases:

First, when a prosecution by information is expressly authorized by statute;

Secondly, in proceedings before a justice of the peace; and,
Thirdly, in proceedings before courts martial.

SEC. 2. On the trial of every indictment, the party accused shall be allowed to be heard by counsel, and he may defend himself, and he shall have a right to produce witnesses and proofs in his favor, and to be confronted with the witnesses who are produced against him.

SEC. 3. No person indicted for an offence shall be convicted thereof, unless by confession of his guilt in open court, or by admitting the truth of the charge against him by his plea or demurrer, or by the verdict of a jury, accepted and recorded by the court.

SEC. 4. No person shall be held to answer on a second indictment for any offence of which he has been acquitted by the jury, upon the facts and merits, on a former trial; but such acquittal may be pleaded by him in bar of any subsequent prosecution for the same offence, notwithstanding any defect in the form or in the substance of the indictment on which he was acquitted.

SEC. 5. No person who is charged with any offence against the law, shall be punished for such offence, unless he shall have been duly and legally convicted thereof in a court having competent jurisdiction of the cause and of the person.

CHAPTER 141.

OF PROCEEDINGS TO PREVENT AND DETECT THE COMMISSION OF

CRIMES.

[blocks in formation]

SECTION

SECTION

33. Coroner; duty in case of felonious killing, &c.

34. Burial of dead body and payment of costs.

CORONERS' INQUESTS.

24. Coroners' inquests; when to be held.
25. Coroner to issue a warrant to constable
to summon jury. Form of warrant.
26. Penalty for constable's or juror's ne-
glect.

27. Jurors; how empanneled and sworn.
28. Witness; how summoned, &c.
29. Oath of witnesses.

30. When and how post mortem to be made,
or chemical analysis to detect poison;
and fees, &c., for same.

31. Testimony of witnesses reduced to writing.

32. Inquisition; how taken, and form there

of.

SECTION 1. The judge of the criminal court, or any judge of the circuit court, in vacation as well as in term, and also all justices of the peace, shall have power to cause all laws made for the preservation of the public peace to be kept, and, in the execution of that power, may require persons to give security to keep the peace, or for their good behavior, or both, in the manner provided in this chapter.

SEC. 2. Whenever complaint shall be made to any such magistrate that any person has threatened to commit an offence against the person or property of another, the magistrate shall examine the complainant, and any witness who may be produced, on oath, and reduce such complaint to writing, and cause the same to be subscribed by the complainant. A wife may pray surety of the peace against her husband, or anybody else may pray such surety, in her behalf, against him, and such person shall, in such proceeding, be deemed the complaining witness.

SEC. 3. If, upon examination, it shall appear that such affidavit is made only to secure the protection of the law, and not from anger or malice, and that there is just cause to fear that any such offence may be committed, the magistrate shall issue a warrant under his hand, reciting the substance of the complaint, and requiring the officer to whom it may be directed forthwith to apprehend the person complained of and bring him before such magistrate, or some other magistrate or court having jurisdiction of the cause.

SEC. 4. When the party complained of is brought before the magistrate, he shall be heard in his defence, and he may be required to enter into a recognizance, with sufficient sureties, in such sum as the

35. Jury to report money, &c., found; and same, how disposed of.

36. When coroner to publish description of
deceased.

37. Duty of officer in relation to such money.
38. Coroner, failing to pay over same.
39.

Property on body to be sold and disposed
of as money.

40. When justice of the peace to act as

coroner.

[ocr errors]

magitrate shall direct, to keep the peace towards all the people of this District, and especially towards the person requiring such security, for such term as the magistrate may order, not exceeding one year, but shall not be bound over to the next court, unless he is also charged with some other offence for which he ought to be held to answer at such court.

SEC. 5. Upon complying with the order of the magistrate, the party complained of shall be discharged.

SEC. 6. If the person so ordered to recognise shall refuse or neglect to comply with such order, the magistrate shall commit him to the county jail during the period for which he was required to give security, or until he shall so recognise; stating in the warrant the cause of commitment, with the sum and the time for which security was required.

SEC. 7. If, upon examination, it shall not appear that there is just cause to fear that any such offence will be committed by the party complained of, he shall be forthwith discharged; and if the magistrate shall deem the complaint unfounded, frivolous, or malicious, he shall order the complainant to pay the costs of prosecution, who shall thereupon be answerable to the magistrate and the officer for their fees as for his own debt.

SEC. 8. When no order respecting the costs is made by the magistrate, they shall be allowed and paid in the same manner as costs before justices in criminal prosecution; but in all cases where a person is required to give security for the peace, or for his good behavior, the court or magistrate may further order that the costs of prosecution, or any part thereof, shall be paid by such person, who shall stand committed until such costs are paid, or he is otherwise legally discharged.

SEC. 9. Any person aggrieved by the order of any justice of the peace requiring him to recognise as aforesaid, may, on giving the security required, appeal to the criminal court at its next session to be discharged therefrom.

SEC. 10. The magistrate from whose order an appeal is so taken shall require such witnesses as he may think necessary to support the complaint, to recognise for their appearance at the court to which the appeal is made.

SEC. 11. The criminal court may affirm the order of the justice or

« ΠροηγούμενηΣυνέχεια »