indictment or information; but it shall be sufficient if the same be shown to be within the period of limitation prescribed for commencing the prosecution.

SEC. 36. Words used in any of the provisions of the Code, in defining an offence, need not be strictly pursued in an indictment or information; but other words conveying the same meaning shall be sufficient.

SEC. 37. An indictment or information shall be sufficient, if it can be understood therefrom

1. That the indictment was found by the grand jury, or the information presented by the district attorney;

2. That the accused is named therein; or described, in an indictment, as a person whose name is unknown to the grand jurors, or in an information to the district attorney;

3. That the offence was committed within the jurisdiction of the court, or is triable therein;

4. That the offence charged is clearly set forth in plain and concise language, without repetition, and with such a degree of certainty that the court may pronounce judgment upon a conviction, according to the right of the case.

SEC. 38. No indictment or information shall be quashed or set aside for any of the following defects:

1. For a mistake in the name of the court or county, in the title thereof.

2. For the omission or misstatement of the title, occupation, estate, or degree of the accused, or of the name or place of his residence.

3. For the want of an allegation of the time or place of any material fact, when the venue and time have once been stated in the indictment or information.

4. That dates and numbers are represented by figures.

5. For an omission to allege that the grand jurors were empanneled, sworn, or charged.

6. For an omission of any of the following allegations, viz: "with force and arms," "against the form of the statute," or "against the peace and dignity of the United States."

7. For any surplusage or repugnant allegation, when there is sufficient matter alleged to indicate the offence and the person charged.

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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.

OF TRIALS IN CRIMINAL CASES, AND PROCEEDINGS THEREON.

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