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cles before described shall be destroyed, under direction of the court.
Sec. 915. OFFENSES THAT MAY BE JOINED.-An indictment for larceny may contain a count for obtaining the same property by false pretenses, a count for embezzlement thereof, and a count for receiving or concealing the same property, knowing it to be stolen or embezzled, or any of such counts, and the jury may convict of any of such offenses, and may find any or all of the persons indicted guilty of any of said offenses.
Sec. 916. DESCRIPTION OF MONEY.-In every indictment, except for forgery, in which it is necessary to make an averment as to any money or bank bill or notes, United States Treasury notes, postal and fractional currency, or other bills, bonds, or notes, issued by lawful authority and intended to pass and circulate as money, it shall be sufficient to describe such money, bills, notes, currency, or bonds simply as money, without specifying any particular coin, note, bill, or bond; and such allegation shall be sustained by proof that the accused has stolen or embezzled any amount of coin, or any such note, bill, currency, or bond, although the particular amount or species of such coin, note, bill, currency, or bond be not proved.
Sec. 917. INTENT TO DEFRAUD.-In an indictment in which it is necessary to allege an intent to defraud, it shall be sufficient to allege that the party accused did the act complained of with intent to defraud, without alleging an intent to defraud any particular person or body corporate; and on the trial of such an indictment it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove a general intent to defraud.
[Sec. 918. PEREMPTORY CHALLENGES. In all trials for capital offenses the accused and the United States shall each be entitled to twenty peremptory challenges. In trials for offenses punishable by imprisonment in the penitentiary the accused and the United States shall each be entitled to ten peremptory challenges. In all other cases, civil as well as criminal, in which the plaintiff is the United States, each party shall be entitled to three peremptory challenges; and if there are several defendants, they shall be treated as one person in the allowance of such challenges.]
Posey v. U. S., 26 D. C. App., 302; 27 D. C. App., 331: 18 D. C. App., 468.
lucci v. U. S.,
30 D. C. App., 217; Lorenz v U. S., 24 D. C. App., 237.
Sec. 918. PEREMPTORY CHALLENGES.-In all trials for, Sec., 72; Paocapital offenses the accused and the United States shall each be entitled to twenty peremptory challenges. In trials for offenses punishable by imprisonment in the penitentiary the accused and the United States shall each be entitled to ten peremptory challenges. In all other cases, civil as well as criminal, in which the plaintiff is the United States or the District of Columbia, each party shall be entitled to three peremptory challenges; and if there are several defendants, they shall be treated as one person in the allowance of such challenges.--Act of June 30, 1902 (32 Stat., Part 1, p. 536).
Crawford v. U. Sec. 919. CAUSE OF CHALLENGE NOT AVAILABLE AFTER S., 30 D. C. App., 1; Paolucci v. U. VERDICT. No verdict shall be set aside for any cause 5., 30 D. C. App. which might be alleged as ground for challenge of a juror before the jury are sworn, except when the objection to the juror is that he had a bias against the defendant such as would have disqualified him, and such disqualification was not known to or suspected by the defendant or his counsel before the juror was sworn.
R. 8. D. C., 839.
R. S. D. C., 88.1
32 Stat., 537.
Sec. 920. WITNESSES FOR DEFENSE. In any criminal trial the justice trying the case may allow such number of witnesses on behalf of the defendant as may appear to be necessary, the fees of such witnesses to be paid in the same manner as the fees of the witnesses for the Government: Provided, That the defendant makes application under oath before the trial, or, in cases of manifest necessity, during the trial, setting forth that he is not possessed of sufficient means and is actually unable to pay the fees of such witnesses, and setting forth also the names of such witnesses and what he expects to prove by them, in order that the court may be advised whether or not the testimony be material to the issue.
Sec. 921. DISCHARGING DEFENDANTS DURING TRIAL.When two or more persons are jointly indicted the court may, before a defendant has gone into his defense, direct any such defendant to be discharged, that he may be a witness for the United States. An accused party may also, when there is not sufficient evidence to put him upon his defense, be discharged by the court, or, if not discharged by the court, shall be entitled to the immediate verdict of the jury for the purpose of giving evidence for the other parties accused with him; and such order of discharge, in either case, equally with the verdict of acquittal shall be a bar to another prosecution for the same offense.
Sec. 922. DEPOSITIONS.-If a material witness for the defendant resides [more than a hundred miles from the city of Washington] beyond the District of Columbia, or is sick or infirm, or about to leave the District, the defendant may apply in writing to the court for a commission to examine such witness upon interrogatories thereto annexed when the deposition is to be taken beyond the District of Columbia, and orally in other cases, and the court may grant the same and pass an order stating for what length of time notice shall be given to the district attorney before said witness shall be examined. At or before the time fixed in said notice, when the examination is upon written interrogatories, the district attorney may file cross-interrogatories; but if he fail to do so the clerk shall file the following:
First. Are all your statements in the foregoing answers made from your own personal knowledge? And if not, show what is stated upon information and give its source. Second. State everything you know in addition to what isstated in your above answers concerning this case favorable to either the United States or the defendant.
For good cause shown the court may order in any case that the examination be conducted orally.
Sec. 923. The commission shall issue from the clerk's office, the examination of the witnesses shall be made and certified, and the return thereof made in the same manner as in civil cases, and unimportant irregularities or errors in the proceedings under said commission shall not cause the deposition to be excluded where no substantial prejudice can be wrought to the Government by such irregularities or errors.
Sec. 924. SENTENCE.-If a new trial be not granted nor the judgment arrested the court may pronounce sentence upon the party convicted; but the execution of such sentence shall be postponed for a sufficient time to enable the defendant to prosecute an appeal, on the application of the defendant, if he shall give notice of his intention to appeal from the judgment to the court of appeals.
Sec. 925. Whenever the punishment shall be imprisonment for more than one year, it shall be sufficient for the court to sentence the defendant to imprisonment in the penitentiary without specifying the particular prison, and the imprisonment shall be in such penitentiary as the Attorney-General shall from time to time designate.
Sec. 926. TIME OF EXECUTION.-In case of a sentence of death, the time fixed for the execution of the sentence shall not be considered an essential part of the sentence, and if it be not executed at the time therein appointed, by reason of the pendency of an appeal or for other cause, the court may appoint another day for carrying the same into execution.
Sec. 927. INSANE CRIMINALS.- When any person tried upon an indictment or information for an offense is acquitted on the sole ground that he was insane at the time of its commission, that fact shall be set forth by the jury in their verdict; and whenever a person is indicted or is charged by an information for an offense, and before trial or after a verdict of guilty, prima facie evidence is submitted to the court that the accused is then insane, the court may cause a jury to be impaneled from the jurors then in attendance on the court or, if the regular jurors have been discharged, may cause a sufficient number of jurors to be drawn to inquire into the insanity of the accused, and said inquiry shall be conducted in the presence and under the direction of the court. If the jury shall find the accused to be then insane, or if an accused person shall be acquitted by the jury solely on the ground of insanity, the court may certify the fact to the Secretary of the Interior, who may order such person to be confined in the hospital for the insane, and said person and his estate shall be charged with the expense of his support in the said hospital. The person whose sanity is in question shall be entitled to his bill of exceptions and an appeal as in other cases. Act of April 14, 1906 (34 Stat., Part I, p. 118).
[Sec. 927. INSANE CRIMINALS.-When any person tried upon an indictment for an offense is acquitted on the sole ground that he was insane at the time of its commission, that fact shall be set forth by the jury in their verdict; and whenever a person is indicted for an offense and before trial or after a verdict of guilty prima facie evidence is submitted to the court that the accused is then insane, the court may cause a jury to be impaneled from the jurors then in attendance on the court or, if the regular jurors have been discharged, may cause a sufficient number of jurors to be drawn to inquire into the insanity of the accused, and said inquiry shall be conducted in the presence and under the direction of the court. If the jury shall find the accused to be then insane (or if an accused person shall be acquitted by the jury solely on the ground of insanity) the court may certify the fact to the Secretary of the Interior, who may order such person to be confined in the hospital for the insane, and said person and his estate shall be charged with the expense of his support in the said hospital. The person whose sanity is in question shall be entitled to his bill of exceptions and an appeal, as in other cases.]
Harris v. Lang, 27 D. C. App., 87.
Sec. 928. Any person becoming insane while undergoing a sentence of any court of the District of Columbia for crime may, in like manner, be committed to said hospital for the insane, by order of the Secretary of the Interior, to receive the same treatment as other patients during the continuance of his disorder.
Sec. 929. RESTORATION TO SANITY.-When any person confined in the hospital for the insane, charged with crime and subject to be tried therefor or undergoing sentence therefor, shall be restored to sanity the superintendent of the hospital shall give notice thereof to the justice holding the criminal court and deliver him to the court according to its proper precept.
Sec. 930. EXTRADITION.-In all cases where the laws of
De Poilly v. Pal
mer, 28 D. C.
App., 324; 21 D. the United States provide that fugitives from justice shall
C. 450; U.
S. St., 691, 718; be delivered up, the chief justice of the supreme court of 20 D. C. App., 273; the District of Columbia shall cause to be apprehended
24 D. C. App., 234;
24 D. C. App., 679. and delivered up such fugitive from justice who shall be found within the District, in the same manner and under the same regulations as the executive authorities of the several States are required to do by the provisions of sections fifty-two hundred and seventy-eight and fifty-two hundred and seventy-nine, title sixty-six, of the Revised Statutes of the United States, "Extradition," and all executive and judicial officers are required to obey the lawful precepts or other process issued for that purpose, and to aid and assist in such delivery.
Sec. 931. Any associate justice of said court shall have like power, in case of the illness, absence, or other disability of the chief justice, or when any such application shall be certified to him by the chief justice.
Sec. 932. CONDUCT OF PROSECUTIONS, AND SO FORTH.— The attorney for the District of Columbia shall hereafter be known as the [city solicitor] corporation counsel. (32 Stat., Part I, p. 537.)
Prosecutions for violations of all police or municipal ordinances or regulations and for violation of all penal
statutes in the nature of police or municipal regulations, where the maximum punishment is a fine only, or imprisonment not exceeding one year, shall be conducted in the name of the District of Columbia and by the [city 32 Stat., 537. solicitor] (corporation counsel) or his assistants. All other criminal prosecutions shall be conducted in the name of the United States and by the attorney [for] of the United States for the District of Columbia or his assistants.
Sec. 933. If in any case any questions shall arise as to whether under the preceding section the prosecution should be conducted by the city solicitor or by the attorney of the United States for the District of Columbia, the presiding justice shall forthwith, either of his own motion or upon suggestion of the city solicitor (corporation counsel) or the attorney of the United States, certify the case to the court of appeals of the District of Columbia, which court shall hear and determine the question in a summary way. In every such case the defendant or defendants shall have the right to be heard in the court of appeals. The decision of such court shall be final.
Harris v. Lang,
33 L. 33; 28
for keeping disor
Sec. 934. PLACE OF IMPRISONMENT.-When any per- 27 D. C. App., 34, son shall be sentenced to imprisonment for a term not 94; see editorial, exceeding six months the court may direct that such im- D. C. App., 264. prisonment shall be either in the workhouse or in the jail. Prosecution When any person is sentenced for a term longer than six derly house must months and not longer than one year such imprisonment court, 38 L. R., shall be in the jail, and where the sentence is imprison- 474. ment for more than one year it shall be in the penitentiary. Cumulative sentences aggregating more than one year shall be deemed one sentence for the purposes of the foregoing provision. When the punishment of an offense may be imprisonment for more than one year the prosecution shall be in the supreme court of the District. When the maximum punishment is a fine only or imprisonment for one year or less the prosecution may be in the police court.
Sec. 935. APPEALS BY UNITED STATES AND DISTRICT U. S. v. HayOF COLUMBIA.—In all criminal prosecutions the United sentence, 24 D C. States or the District of Columbia, as the case may be, v. Cadarr, 24 D. C. shall have the same right of appeal that is given to the App., 143; 32 D. defendant, including the right to a bill of exceptions: Pro- D. C. App., 185; vided, That if on such appeal it shall be found that there 33 D. C. App., 197; was error in the rulings of the court during the trial, a U. S. v. Evans, 30 D. C. App., 60; verdict in favor of the defendant shall not be set aside. 213 U. S., 497; 28 D. C. App., 264.
C. 203; 28
25 C. 563;
Sec. 936. COMMUTATION OF FINE.-In all cases in the District of Columbia where a defendant is sent to jail or to the workhouse in default of the payment of a fine he shall be released upon the payment of the balance of the fine due by him after crediting thereon as paid an amount equal to the proportion the time thus served by him in the jail or workhouse bears to the whole time he was to serve under the sentence.
Sec. 937. DEDUCTION FOR GOOD CONDUCT.-All persons sentenced to and imprisoned in the jail or in the work