Page:United States Statutes at Large Volume 30.djvu/1340

This page needs to be proofread.

1302 FIFTY-FIFTH ooivcnuss. sues. 111. ou. 429. 1899. obtained from any person any valuable thing, no evidence can be admitted of a false pretense expressed orally and unaccompanied by a false token or writing; but such pretense, or some note or memorandum thereof, must be in writing, and either subscribed.by or in the _ handwriting of the defendant. This section does not apply to an action for falsely representing or personating another, and in such assumed character receiving any such valuable thing. bgvigw ·>f_:3¤¤;}•& Sec. 155. That upon a trial for inveigling, enticing, or taking away =.,,,`Z°i,, m20W2m an unmarried female `for the purposes of prostitution, or for having seduced and had illicit connection with an unmarried female, the defendant can not be convicted upon the testimony of the female injured, unless she is corroborated by some other evidenceltending to connect — · the defendant with the commi sion of the crime. “°¤:¤;¤!*g¤;¤jd;::;T Sec. 156. That all questions of law, including the admissibility of ,.;,,5.,; ti; .,5,,,-,,testimony, the facts preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court, and all discussions of law addressed to it ; and whenever the knowledge of the court is by this Act made evidence of a fact, the court is to declare such knowledge to the jury, who are bound to accept it as conclusive. _ - hJ¤p·¤¤ mauve the · Sec. 157. That although the jury have the power to find a general ,,,',§ ,,‘Q°{, §,§,°§‘f,'§ verdict, which includes questions of law as well as fact, they are bound, ¤·=¤~ . nevertheless, to receive as law what is laid down as such by the court; ' . . but all questions of fact other than those mentioned in the last section . must be decided by the jury, and all evidence thereon addressed to - them. Degmanr lt? be _Sec. 158. That when a defendant who has given bail appears for

’g§‘,,,,,,,_" trial, the court may, in its discretion, at any time after such appearance, order him to be committed to actual custody to abide the judgment or further order of the court; and he must be committed and held

in custody accordingly. Gnhrrnn Srxrnnn. OF THE VERDICT. Sec. Sec. 159. Jury may convict of any degree of \ 162. Custody of defendant when verdict the crime charged, or of an attempt given against him. to commit the crime. 163. Proceeding when defendant acquit·_ 160. Jury may convict of any crime neces- ted on account of insanity. sari1y included in that charged. 161. Jury may give verdict ns to defendants concerning whom they agree, and cause others to be tried again. °fJ::y _;:-: ogfuvzgt Sec. 159. That upon an indictment for a crime consisting of different c,.,,.,.,",,i,,,E,5§_ 0,. ,} degrees, the jury may find the defendant not guilty of the degree

_·g_;;·:¤ ¤<>·¤¤¤¢ charged in the indictment and guilty of any degree inferior thereto, or

of an attempt to commit the crime or any such inferior degree thereotl Jury my ¤¤¤vi¤xg,;>f Sec. 160. That in all cases the defendant may be found guilty of any {Ei. ff.".l‘2$‘°{’.‘2"¥‘i..”£ crime the commission hi which is hmsssriiy included ih that with ¤¤¤‘S°·*- which he is charged in the indictment, or of an attempt to commit such crime. digi T3 5,::1::; Sec. 161. That on an indictment against several, if the jury can not CDI1Q6TH1h g whom agree upon a verdict as to all, they may give a verdict as to those in g•;{r:¥{;°·,jg*tj*;*;°; regaidtowhom they do agree, on which a judgment must be given gpm accordingly; and the case a to the rest of the defendants may be tried by another jury. mgugagg •;f_<;<g•;¤cdé Sec. 162. That if a verdict be given against the defendant, he must gm, .g,i.,t mm, be remanded if in custody; if he has given bail he may be permitted to await the judgment of the court upon the verdict. When committed · his bail is exonerated, or if money be deposited in lieu thereof it must be refunded to the defendant.