Page:United States Statutes at Large Volume 30.djvu/1334

1296FIFTY-FIFTH CONGRESS. Sess. III. GH. 429. 1899. ¤¤¤'i¤*i°¤ . °=" M- SEO. 107. That when the defendant shall have been convicted or gdliiisé rliliiisufclililg acquitted upon the indictment for a crime consisting of different degrees, ¤*;m““i‘;*§gc:m‘;;Q *° such conviction or acquittal is a bar to another indictment for the crime °°charged in the former, or for any inferior degree of that crime, or for an attempt to commit the same, or for an oiiense necessarily included therein, of which he might have been convicted under that indictment, as provided in sections one hundred and forty-six and one hundred and forty-seven of this Title. CHAPTER Twnrvn. OF ISSUES OF LAW AND FAGT. see. sec. 108. Issue of fact, definition of. I 111. When defendant must appear in 109. Issue of law, detinition of. person on trial. 110. Issue of law or fact, how tried. I Inns cum. Mini- Sec. 108. That an issue of fact arises- “°“ °‘°‘ First. Upon a plea of not guilty; or, Second. Upon a plea of former convicdon or acquittal of the same . crime. , myc: uw, mms SEO. 109. That an issue of law arises upon a_ demurrer to the indicttiun . mont . muetrawuncr. SEc. 110. That an issue of law must be tried by the court, and an h" “"°‘· issue of fact by jury, of the political division in which the action is triable. wm. aernane SEc. 111. That if the indictment be for a misdemeanor, the trial may ',};\‘;§,:}{¥’°"*"l’°’°°“ ·be had in the absence of the defendant, if he appear by counsel; but if it be for a felony, he must be present in person. , Cunma Tnm1·EEN. OF THE POSTPGNEMENT OF TRIAL. Sec. Sec. . I . . 112. Postponement of tual, when and 116. When court may order indictment how allowed. discharged for want of prosecu- 118. May be refused unless party con ent tion. _ to take do xtion of witness. 117. Effect of such dischar e. 114. Order for the deposition. ; 118. Proceeding upon discharge in rela- 115. Deuppsigon tg e filed, and when tion to hail. y e rea . Postploncmeutof SEO. 112. That when an indictment is at issue upon a question of §{§{;°f,'_ °“ ‘“’° “°" fact, and before the same is called for trial, the court may, upon suilicient cause shown by such aflidavits as the defendant, may produce, or the statement of the district attorney, direct the trial to be postponed to another day in the same term or to another term; and all aiiidavits and papers read on either side upon the application must be first flied with the clerk. my be mama im- SEO. 113. That when an application is made for the postponement of ‘,§}’,’,‘{{,‘,’§,§"§'§Z‘{'{,°,Y Y,'} a trial, the court may, in its discretion and in the furtherance of justice, wi¤¤•>¤¤- require as a condition precedent to granting the same that the party applying therefor consent that the deposition of a witness or witnesses present may be taken and read on the trial of the case, and unless such consent be given may refuse to allow such postponement for any cause. omq at mkmgm Sec. 114. That when such consent is given, the court must make an d°P°*’°‘°“· order appointing some proper time and place for takin the d ition , _ E °P°$ of such witness, either by the judge thereof or before some suitable person to be named therein as commissioner, upon either written or oral interrogatories. mxwgiomoymh Sec. 115. That upon the making of the order provided in the last mmf W Y preceding section, the deposition must be taken and med in court, and may be read on the trial of the case, in like manner and with like effect and subject to the same objections as in civil cases.