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SEC. 22. In all other cases the accused may be found guilty of an offence the commission of which is necessarily included in that which is charged in the indictment.

SEC. 23. Counts for murder in the first and second degree and for manslaughter may be joined in the same indictment, and on the trial the accused may be convicted of either offence.

SEC. 24. An accused person is presumed to be innocent until the contrary is proved. Where there is a reasonable doubt whether his guilt is satisfactorily shown, he must be acquitted. Where there is such a doubt in which of two or more degrees of an offence he is guilty, he may be convicted of the lowest degree only.

SEC. 25. The following persons shall be competent witnesses in all prosecutions:

1. All persons who are competent in civil actions, except the accused.

2. The party injured by the offence committed.

3. Accomplices, when they consent to testify.

SEC. 26. The provisions of chapter one hundred and fifteen, Part III of the Code, relating to documentary and other written evidence, shall apply, so far as the same are applicable, to criminal proceedings, as also shall the rules therein relating to presumptions of death, impeaching the credit of witnesses, and the examination of counsel as witnesses.

SEC. 27. In prosecutions for the offences of seduction, and abduction of females for the purpose of prostitution, no conviction shall be had on the evidence of the female offended against, unsupported by other evidence, but corroborating proof shall be required.

SEC. 28. Proof of actual penetration into the body shall be sufficient evidence to sustain a prosecution for rape or for the crime against

nature.

SEC. 29. When the jurors are permitted to separate after being empanneled, they must be admonished by the court that it is their duty not to converse among themselves, or suffer others to converse with them, on any subject connected with the trial, or to form or to express an opinion thereon, until the cause is finally submitted to

them.

SEC. 30. After the arguments are concluded, and the instructions of the court upon the law, if any are asked, are received, the jury may decide immediately in court, or retire for deliberation. They may

retire under the charge of an officer sworn to keep them together in some private and convenient place, with such accommodations as the court shall order, and not permit any person to speak or communicate with them, nor do so himself, unless by order of the court, or to ask them whether they have agreed upon their verdict, and return them into court when they shall have agreed, or when it is ordered by the court. The officer shall not communicate to any person the state of their deliberations.

SEC. 31. When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. In all cases the jury shall be unanimous in their opinion to render a verdict. Before the verdict is accepted the jury may be polled at the request of either the prosecution or defence.

SEC. 32. When it shall appear in any criminal case that the jury cannot agree on a verdict, or that there is other manifest necessity for their discharge, the court may order them to be discharged, and the accused may be arraigned again.

SEC. 33. Writs of error to judgments of the criminal court may be awarded as herein before prescribed in section twenty-one, chapter seventy-five of the Code, and the proceedings thereon shall be as therein indicated.

SEC. 34. Any accused person aggrieved by an opinion, direction, or judgment of the criminal court in any case where a writ of error is allowed, may allege exceptions thereto, which, being reduced to writing in a summary mode, and presented to said court, and being found conformable to truth, shall be allowed and signed by said

court.

SEC. 35. All bills of exception in criminal causes must state clearly so much of the record, evidence, and proceedings as may be necessary for a fair ascertainment of the question reserved.

SEC. 36. All such bills of exception must be made out and presented to the judge at the time of the trial, or within such time thereafter during the term as the court may allow. The exception must be taken at the time of the decision.

SEC. 37. The prosecuting officer may except to any opinion of the court during the prosecution of the cause, and reserve the point of law for the decision of the circuit court, to be made at any time within two years from the date of the exception taken. The judge of the

criminal court, on receiving due notice, from the prosecuting officer, of his purpose to submit such reserved point to the decision of the circuit court, shall designate some competent member of the profession, whose duty it shall be to argue such point against the prosecuting officer, for which he shall receive a fee not to exceed one hundred dollars, to be fixed by said judge, and payable by the United States. In such proceedings the circuit court shall not be authorized to reverse the judgment of the criminal court, but only to pronounce an opinion upon the law involved in the point reserved, for the future guidance of said criminal court.

SEC. 38. A motion in arrest of a criminal judgment may be entertained and determined as at common law, subject to the provisions of Part IV of the Code.

SEC. 39. The criminal court shall have power to grant a new trial, for any cause for which, by law, a new trial may and ought to be granted.

CHAPTER 145.

OF JUDGMENTS IN CRIMINAL CASES, AND THE EXECUTION THEREOF.

SECTION

13. Marshal's return.

14.

15.

16.

17.

18.

19. President of the United States may pardon, reprieve, and remit fines.

SECTION

1. When judgment shall be pronounced.

2. Prisoner to be present.

3.

4.

5. Court may, in addition to judgment, bind prisoner over, &c.

6. Proceedings on breach of such recog

nizance.

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He may show cause why judgment
should not be pronounced.

10.

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11. Sentence of death; how executed.

12. S

Proceedings when convict under sentence of death becomes insane, or is found to be pregnant.

20. President may grant conditional pardon. 21. President may call upon district attorney for information as to case.

22. Proceedings when pardon, &c, is granted.

SECTION 1. After a verdict of guilty, if judgment be not arrested, or a new trial granted, the court shall pronounce judgment.

SEC. 2. The prisoner must be present for the purpose of receiving judgment, in all cases punished in whole or in part by imprisonment.

SEC. 3. When the prisoner appears for judgment, he must be informed by the court of the verdict of the jury, and asked whether he have any legal cause to show why judgment should not be pronounced against him.

SEC. 4. If no such cause be alleged or appear to the court why judgment should not be pronounced, it shall thereupon be rendered.

SEC. 5. In case of a conviction for an offence not punishable by death or imprisonment in the penitentiary, the court may, in addition to the punishment prescribed by law, require the prisoner to enter into a recognizance, with surety, in a reasonable sum, to keep the peace or be of good behavior, or both, for any time not exceeding two years, and to stand committed until he shall so recognise.

SEC. 6. In case of the breach of the condition of any such recognizance, the same proceedings shall be had thereon as are prescribed in chapter one hundred and forty-two.

SEC. 7. When any person convicted of an offence shall be sentenced to pay a fine or costs, or to be imprisoned in jail, the clerk of the court shall, as soon as may be, make out and deliver to the marshal, a transcript of the minutes of the court of such conviction and sentence, duly certified, which shall be a sufficient authority to the marshal for executing such sentence, and he shall execute the same without delay.

SEC. 8. When a person is sentenced to pay a fine and costs, the court may order him to be committed to jail until the same are paid.

SEC. 9. In every case in which the punishment of imprisonment in the penitentiary is adjudged against any convict, the form of the sentence shall be, that he be punished by imprisonment therein at hard labor.

SEC. 10. When any person shall be sentenced to imprisonment in the penitentiary, the clerk of the court shall make out a warrant, under the seal of the court, directed to the marshal, requiring him, as soon as may be, to cause such convict to be removed from the jail to the penitentiary; and the clerk shall also annex to the warrant a certified transcript of such conviction and sentence, and shall deliver the same to the marshal, who shall cause them to be transmitted to the warden, to the end that the warden may cause the warrant to be executed in the manner prescribed in the one hundred and fortyseventh chapter.

SEC. 11. The punishment of death prescribed by law must in every case be inflicted by hanging the convict by the neck until he is dead, at such time, not less than fifteen days after the sentence, as the court may adjudge.

SEC. 12. The marshal shall be present at the execution, unless he shall be prevented by sickness or other casualty, and also two of his deputies, to be designated by him, and he shall request the presence of the district attorney, the clerk of the criminal court, and twelve reputable citizens, including a physician or surgeon; and he shall permit the counsel of the criminal, such ministers of the gospel as the criminal shall desire, and his relations, to be present, and also such officers of the prison, deputies and constables, military guard or other assistants, as he shall see fit.

SEC. 13. Whenever the marshal shall inflict the punishment of death upon any convict, in obedience to a warrant, he shall make return thereof under his hand, as soon as may be, to the clerk's office of the court where the conviction was had, and the clerk shall subjoin a brief abstract of such return to the record of the conviction and sentence.

SEC. 14. If after any convict shall have been sentenced to the punishment of death, he shall become insane, the marshal, with the concurrence of the judge of the criminal court, or, in his absence, of any judge of the circuit court, may summon a jury of twelve men, to inquire into such insanity, and shall give immediate notice thereof to the district attorney.

SEC. 15. The district attorney shall attend such inquiry, and may produce witnesses before the jury. The inquisition shall be signed by them and the marshal, and if it be found that such convict is insane, the marshal shall suspend the execution of the warrant directing the death of the convict until he shall receive a warrant from the President of the United States directing the execution.

SEC. 16. The marshal shall transmit immediately such inquisition to the President, who may, as soon as he shall be convinced of the sanity of such convict, issue a warrant appointing a time for his execution.

SEC. 17. If a female convict sentenced to the punishment of death be pregnant, the marshal shall in like manner summon a jury of

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