Page:United States Statutes at Large Volume 30.djvu/1329

FIFTY-FIFTH CON GRESS- Sess. III. UH. 429. 1899. 1291 Sec. 54. That an indictment for libel need not set forth any extrinsic P*°¤di¤ru¤ i¤•ii¤*· facts, for the purpose of showing the application to the party libeled of mmm Mh l` the defamatory matter on which the indictment is founded; but it is sufficient to state generally that the same was published concerning Iiiml; and the fact that it was so published must be established on the ria . Sec. 55. That when an instrument which is the subject of an indict- I¤¤¤¤t¤¤q¤t f¤r for; ment for forgery has been destroyed or withheld by the act or procure- H$§yb°;;'§“,{2€;:§'§}Y;°L; ment of the defendant, and the fact of the destruction or withholding Q;:**°F°*l by ¤¤f°¤d· is alleged in the indictment and established on the trial, the misde- ` scriptio:.1 of the instrument is immaterial. Sec. 56. That in an indictment for perjury or subornation of per- P1¤¤•1i¤z¤r;iMi¤f» jury, it is sufficient to set forth the substance of the controversy or }.‘I,W,.£.’§.,‘.{°’{,‘}"’,,,§’,f matter in respect to which the crime was committed, and in what court, J"!- or before whom, the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the ' commission or authority of the court or person before whom the perjury was committed. Sec. 57. That upon an indictment against several defendants, any out m- mm ampuone or more may be convicted or acquitted. .',;'2,‘f,j,{§,,'I’},}'f,Y§,,,‘}i,‘;§‘f,$j ora uitted. Sec. 58. That the distinction between an accessory before the fact D?¢i¤¤¤¤¤¤>¤me¤¤ and a principal, and between principals in the first and second degree Qrgghilhugiiltgmdif in cases of felony, is abrogated, and all persons concerned in the com- m'},,?' °*°¤Y *‘>*°· mission of a felony, whether they directly commit the act constituting the crime, or aid and abet; in its commission, though not present, must be indicted, tried, and punished as principals, as in the case of a misdemeanor. A Sec. 59. That an accessory after the fact to the commission of a felony Accessory um rw: may be indicted, tried, and punished, though the principal felon be §$§c§,fi°° m"" neither indicted nor tried. . Sec. 60. That a person may be indicted for having, with the knowl- ,f¤•i*<I1¤I¤·¤¤rf¤r·;¤¤¤- edge of the commission of a crime, taken money or property of another, tntign init gift; or a gratuity or a reward, or an engagement or promise thereof, upon ggglggtggutggizzgf an agreement or understanding, express or rmphed, to compound or - conceal the crime, or to abstain from a prosecution therefor, or to withhold any evidence thereof, though the person guilty of the original crime has not been indicted or tried. Unsrrnrz Ercrrr. OF THE ARRAIGNMENT OF THE DEFENDANT. Sec. Sec. 61. Defendant, when and where ar- 71. If defendant in custody, may be raigned I brought in by order. _ _ 62. Arrangnment, how made. 72. If discharged on bail or deposit, 63. Defendant to be informed that he is bench warrant may issue. entitled to counsel. 73. Bench warrant, by whom and how 61. Defendant to be requested to declare I issued. his true name. I 74. If crime bailable, indorsement on. 65. Proceeding if the defendant do not 75. Warrant to issue on application of give his true name. _ I district attorney. 66. Proceeding when defendant gives I 76. Bench warrant, form of. another name. _ 77. When defendant must be taken before 67. Time allowed the defendant to answer I magistrate. _ _ the indictment. 78. Proceeding on putting in bail. 68. How defendant may answer indict- I 79. Same subject. ment. 80. Court may order defendant into cus- 69. If defendant refuse to plead, plea of tody unless increased bail be given. not guilty to be entered. _ I 81. Defendant, if present, to be commit- 70. Personal appearance at arrargnment, I ted; of not, bench warrant to rssue. when necessary.