Page:United States Statutes at Large Volume 30.djvu/1339

FIFTY-FIFTH CONGRESS.· Sess. II I. C11. 429. 1899. 1301 Sec. 143. That when it appears that the defendant has committed a .D*’•*¤rl¤¤**¤ be ¤¢·¤· crime, and thereis reasonable ground of doubt in which of two or more Kfgséu ii.h°¤.iZ:Ti degrees he is guilty, he can be convicted of the lowest of those degrees ‘°“"°· on y. Sec. 144. That when two or more defendants are jointly indicted for . F"**¤r· ¢ls·f·¤¤•*¤¤¢·· a felony, any defendant requiring it must be tried separately; but in iiiileiistolszsffsgilazi: other cases defendants jointly indicted may be tried separately or jointly, in the discretion of the court. Sec. 145. That when two or more persons are charged in the same d “`¤·¤¤¤¤·>f¤·>v»r¤1 indictment, the court may, at any time before the defendant has gone aiidfilgdi is °i;"»»}{€ into his defense, on the application of the district attorney, direct any “°°* ‘°"'·° 5****- detendant to be discharged from the indictment, so that he may be a witness for the United States. Sec. 146. That when two or more persons are charged in the same Wim <>¤¤ may be indictment, andthe court is of the opinion that, in regard to a partie- ?,i{,`{,*§:§,§.'2,‘},f§',§dlQ'§,,f ular defendant, there is not sufficient evidence to put him on his defense, it must, if requested by another defendant then on trial, order him to be discharged from the indictment, before the evidence is closed, that he may be a witness for his co-defendant. . Sec. 147. That the order provided for in the last two sections, when ,}‘***"°°* •>f ¤¤¤¤ dkmade, must state the reasons for making it; and it is an acquittal of ° "g°' the defendant discharged, and a bar to another prosecution for the same crime. Sec. 148. That the law of evidence in civil actions is also the law of Jgvgf ¤*i<1¤¤¤¤ in evidence in criminal actions and proceedings, except as otherwise ° "' °"°“‘ specially provided in this Act. Sec. 149. That in the trial of or examination upon all indictments, w,IQl’j§:*d**¤* ¤¤¤ l>· complaints, information, and other proceedings before any court, mag- ' istrate, jury, or other tribunal, against persons accused or charged with the commission of crimes or offenses, the person so charged or accused shall, at his own request, but not otherwise, be deemed a competent witness, the credit to be given to his testimony being left solely to the jury, under the instructions of the court, or to the discrimination of the magistrate. or other tribunal before which such testimony may be given: Provided, That his waiver of such right shall not create 1jr<wiv¤. _ any presumption against him; that such defendant or accused, when nf"? ,£§§.'f,§"‘*’“"“ ofiering his testimony as a witness in his own behalf, shall be deemed to have given to the prosecution a right to cross-examination. Sec. 150. That in all criminal actions where the husband is the party c“ff‘{:,"Q;','}mj;;_ Q accused, the wife shall be a`competent witness, and when the wife is »g·m»_··¤ arb ·»ni»»i¤ the party accused the husband shall be a competent witness; but neither °°"*‘"‘ °""“· husband nor wife, in such cases, shall be compelled or allowed to testify in such case unless by consent of both of them: 1’rov·id•·d, That in all {§j_gjj;;*_},',__,°nu_ cases of personal violence upon either by the other, the injured party, ` husband or wife, shall be allowed to testify against the other. Sec. 151. That in a criminal action the testimony of a witness must m{*;jj{;‘_$”j,,§*]R;Q*;; be given orally in the presence of the court and jury, except in the case »miiy.m»p¤. of a witness whose testimony is taken by deposition, by order of the court, in pursuance of the consent of the parties, as provided in chapter thirteen of this Act. Sec. 152. That neither a departure from the form or mode prescribed ,u;*;;y‘“§g,,gjg{°;:j by this Act, in respect to any pleadings or proceedings, nor any error less it lpreimiits Qui.- or mistake therein, renders it invalid, unless it have actually prejudiced {3f]};, "'¥*'*° °‘ "°‘ the defendant, or tend to his prejudice in respect to a substantial right. SE1;. 153. That a conviction can not be had upon the testimony of an Testimony or ac accomplice unless he be corroborated by such other evidence as tends ‘,i§{‘,,'}2f,‘?,,'f‘““‘ "°°°" to connect the defendant with the commission of the crime, and the corroboration is not sudicient if it merely show the commission of the crime or the circumstances of the commission. Sec. 154. That upon a trial for having, by any false pretense, f Egmucs gu mn obtained the signature of any person to any written instrument, or °" °°"'° °“""·