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8. For any other defect or omission which does not tend to the prejudice of the substantial rights of the defendant upon the merits.

SEC. 39. In pleading a judgment or other determination of a court or officer of special jurisdiction, it shall be sufficient to allege, generally, that the judgment or determination was duly made or had before such officer; but the facts constituting the jurisdiction must be established on the trial.

SEC. 40. In any case where an intent to defraud is required to constitute the offence of forgery, or any other offence that may be prosecuted, it shall be sufficient to allege in the indictment an intent to defraud, without naming therein the particular person or body corporate intended to be defrauded, and on the trial of such indictment, such allegation shall be sufficient, if there appear to be an intent to defraud the United States, or any State, Territory, city, town, or parish, or any body corporate, or any public officer in his official capacity, or any copartnership or members thereof, or any particular person whatever.

SEC. 41. In a prosecution for forging, or attempting to employ as true any forged instrument or other thing, it shall not be necessary to set forth any fac similie thereof, but it shall be sufficient to describe the same in such manner as would sustain an indictment for stealing such instrument or other thing, supposing it to be the subject of larceny.

SEC. 42. Criminal actions that may be prosecuted by information, include all offences not within the jurisdiction of the grand jury or the exclusive jurisdiction of justices of the peace.

SEC. 43. Informations shall be filed by the district attorney in the criminal court, upon affidavits duly made.

SEC. 44. When any person has knowledge of the commission of an offence which may be prosecuted by information, he may make his affidavit before any person authorized to administer oaths, setting forth in plain and concise language the offence and the person charged therewith, and file the same with the clerk of the criminal court, who shall notify the district attorney thereof.

SEC. 45. When a justice of the peace recognises or commits any person for an offence which may be prosecuted by information, he must file the affidavit in the office of the clerk of the criminal court, for the action of the district attorney.

46. The names of the witnesses in the case must be endorsed on the affidavit, and as soon as practicable after notice of the filing thereof, the district attorney must file an information.

SEC. 47. An information may be amended without leave, in matter of substance or form, at any time before the accused pleads; and it may be amended on the trial, as to all matters of form or variance, at the discretion of the court, when the same can be done without prejudice to the rights of the accused.

SEC. 48. Fines accruing in other than criminal cases, and which go wholly or in part to the United States, may also be recovered on information filed before the criminal court.

CHAPTER 144.

3.

OF TRIALS IN CRIMINAL CASES, AND PROCEEDINGS THEREON.

SECTION

17. When court may order the discharge of

one of several accused persons to be witness on behalf of prosecution, or another accused.

SECTION

1. Issues of fact in criminal cases; how tried. 2. No member of grand jury to be on the trial jury.

Who incompetent to serve on jury.

5. Jurors; how examined to determine competency.

6. Challenges for cause allowed as in civil

causes.

7. What peremptory challenges allowed

accused.

8. What peremptory challenges to prosecuting officer.

9. Oath administered to jurors.

10. When accused must be present to be tried.

11. How arraigned.

12. General issue may be plead orally; evidence under same.

13. Accused refusing to answer, court to enter plea of not guilty.

14. Accused indicted, &c., by wrong name, to declare his true name before pleading.

15. Pleas in abatement, &c., to be proved by affidavit.

16. Order of procedings on trial.

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SECTION

30. Custody, &c., of jury, while deliberating on verdict.

31. Verdict; how rendered and by what number.

32. When court may order jury to be discharged.

33. Writs of error to judgment of criminal court; how awarded.

SECTION

34. Bills of exception may be taken.
35. What bills of exception must contain.
36. When to be made out, &c.

37. Prosecuting officer may except to settle
the law.

38. Motions on arrest of judgment, as heretofore.

39. New trials.

SECTION 1. Issues of fact joined upon an indictment or information shall be tried by a jury drawn, returned, and empanneled in the manner prescribed by law for the trial of issues of fact in civil causes.

SEC. 2. No member of the grand jury which found the indictment shall be put upon the jury for the trial of the same.

SEC. 3. No person whose opinions are such as to preclude him from finding an accused guilty of an offence punishable with death, shall be compelled or allowed to serve as a juror on the trial of an indictment for such offence.

SEC. 4. Any person is incompetent to serve as a juror who has formed or expressed an opinion of the guilt or innocence of the accused.

SEC. 5. When the jurors are called, each may be examined on oath by either party, whether he has formed or expressed an opinion of the guilt or innocence of the accused, and upon such examination, and other questions put by leave, the court may determine upon the competency of the juror.

SEC. 6. The same challenges for cause may be made in criminal prosecutions that are allowed by law to parties in civil causes.

SEC. 7. In prosecutions for capital offences, the accused may challenge peremptorily twenty jurors; in prosecutions for offences punishable by imprisonment in the penitentiary, with or without fine, ten jurors; in other prosecutions, three jurors. When several defendants are tried together, they must join in their challenges.

SEC. 8. The prosecuting officer, in capital cases, may challenge peremptorily, six jurors; in other cases, three jurors.

SEC. 9. The following oath shall be administered to the jurors in all criminal cases, not capital: You shall well and truly try the issue. between the United States and the prisoner (or prisoners, as the case may be) according to the evidence: So help you God. In capital cases, the following oath shall be administered to the jurors: You shall well and truly try, and true deliverance make, between the

United States and the prisoner at the bar whom you shall have in charge, according to the evidence: So help you God.

SEC. 10. No person indicted for a capital offence, or one that may be punished by imprisonment in the penitentiary, shall be tried unless personally present during the trial; persons accused of other offences may, at their own request, by leave of the court, be put on trial in their absence, by an attorney duly authorized for that purpose.

SEC. 11. The accused shall be arraigned by reading to him the indictment or information, and requiring him to plead thereto. The court may, for cause shown, grant a reasonable time to answer the

same.

SEC. 12. In all criminal prosecutions, the defendant may plead the general issue orally, which shall be entered on the minutes of the court, and under it every matter of defence may be proved.

SEC. 13. If the accused shall refuse to plead to an indictment or information, a plea of not guilty must be entered by the court, and the trial proceed.

SEC. 14. If an accused be indicted, or an information be filed against him by a wrong name, unless he declare his true name before pleading, he shall be proceeded against by the name in the indictment or information.

SEC. 15. When a plea in abatement, or other dilatory plea to an indictment or information shall be offered, the court shall refuse to receive such plea, until the truth thereof shall be supported by affidavit.

SEC. 16. The jury being empanneled and sworn, the trial shall proceed in the following order:

First. The prosecuting officer must state the case of the prosecution, and offer evidence in support thereof.

Second. The defendant or his counsel may then state his defence, and offer evidence in support thereof; or the court may allow defendant's counsel, in the statement of the defence, to follow the prosecuting officer.

Third. The parties may then respectively offer rebutting evidence only, unless the court, for good reason shown, and in furtherance of justice, shall permit them to offer evidence in chief.

Fourth. When the evidence is concluded, unless the case is

submitted without argument, the prosecuting officer shall commence; the defendant or his counsel follow; and the prosecuting officer conclude the argument to the jury.

Fifth. The court may be called upon by either the prosecution or defence, at any time in the progress of the trial after the evidence is closed, to instruct the jury as to the law of the case.

SEC. 17. When two or more persons are included in one prosecution, the court may, at any time before the defendant has gone into his defence, direct any one of the accused parties to be discharged, that he may be a witness for the United States. witness for the United States. An accused party may, also, when there is not sufficient evidence to put him upon his defence, be discharged by the court, or, if not discharged by the court, shall be entitled to an immediate verdict, for the purpose of giving testimony for others accused with him. Such order of discharge shall be a bar to another prosecution for the same offence; and the same, or a verdict, may be had when the evidence in chief of the prosecution shall be closed, or afterwards.

SEC. 18. If a juror have personal knowledge of any fact material to the cause, he must declare it to the court, and not to his fellow jurors. out of court. If a juror declare a fact material to the cause to his fellow jurors, without the knowledge of the court and the accused, he may be punished as for a contempt. His fellow jurors, or any of them, shall be competent witnesses to establish such fact, and the same shall be good ground for a new trial, should the verdict be against the accused.

SEC. 19. When it shall appear at any time before verdict that a mistake has been made in charging the proper offence, the accused shall not be discharged if there appear to be good cause to detain him in custody; but the court must recognise him to answer to the offence, and, if necessary, recognise the witnesses to appear and testify.

SEC. 20. When a jury has been empanneled in a case contemplated by the preceding section, such jury may be discharged without prejudice to the prosecution.

SEC. 21. Upon an indictment for an offence consisting of different degrees, the jury may find the accused not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto or of an attempt to commit any such offence.

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