Accessories. Punishment for of code. SEC. 909. ACCESSORIES.-Whoever shall be convicted of being an accessory after the fact to any crime punishable by death shall be punished by imprisonment for not more than twenty years. Whoever shall be convicted of being accessory after the fact to any crime punishable by imprisonment shall be punished by a fine or imprisonment, or both, as the case may be, not more than one-half the maximum fine or imprisonment, or both, to which the principal offender may be subjected. SEC. 910. PUNISHMENT FOR OFFENSES NOT COVERED BY PROVISIONS offenses not COV- OF CODE. -Whoever shall be convicted of any criminal offense not ered by provisions covered by the provisions of any section of this code, or of any general law of the United States not locally inapplicable in the District of Columbia, shall be punished by a fine not exceeding one thousand dollars or by imprisonment for not more than five years, or both. Warrant to house. CHAPTER TWENTY. CRIMINAL PROCEDURE. SEC. 911. SEARCHES.-Upon complaint, under oath, before the police search suspected court, or a justice of the peace, setting forth that the affiant believes and has good cause to believe that there are concealed in any house or place articles stolen, taken by robbers, embezzled, or obtained by false pretenses, forged or counterfeited coin, stamps, labels, bank bills or other instruments, or dies, plates, stamps, or brands for making the same, books or printed papers, drawings, engravings, photographs, or pictures of an indecent or obscene character, or instruments for immoral use, or any gaming table, device, or apparatus kept for the purpose of unlawful gaming, or any lottery tickets or lottery policies, particularly describing the house or place to be searched, the things to be seized, substantially alleging the offense in relation thereto and describing the person to be seized, the said court or justice may issue a warrant to the marshal or any officer of the police commanding him to search such house or place for the property or other things, and, if found, to bring the same, together with the person to be seized, before the police court. The said warrant shall have annexed to it or inserted therein a copy of the affidavit upon which it is issued, and may be substantially in the form following: an affidavit, of Whereas there has been filed before which the following is a copy (here insert): These are therefore to command you to enter (here describe the place) and there diligently search for the said articles, goods or chattels in the said affidavit described, and that you bring the same, or any part thereof, found on said search and also the body of before the police court, --9 to be dealt with and disposed of according to law. SEC. 913. If upon the examination the court is satisfied that the offense charged with reference to the things seized has been committed, the party accused shall be committed for trial or held to bail, and said things shall remain in the custody of the marshal until the accused is tried or the right of the claimant to said things is otherwise ascertained. SEC. 914. If the accused be discharged, the property or other things seized shall be returned to the person in whose possession they were found. If he be convicted, the property stolen, embezzled, or obtained by false pretenses shall be returned to its owner, and the other articles before described shall be destroyed, under direction of the court. Offenses that SEC. 915. OFFENSES THAT MAY BE JOINED.-An indictment for larceny may contain a count for obtaining the same property by false may be joined. 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. Description of SEC. 916. DESCRIPTION OF MONEY.-In every indictment, except for forgery, in which it is necessary to make an averment as to any money 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. Intent to de SEC. 917. ÎNTENT TO DEFRAUD.-In an indictment in which it is necessary to allege an intent to defraud, it shall be sufficient to allege that fraud. 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. Peremptory SEC. 918. PEREMPTORY CHALLENGES.- In all trials for capital offenses the accused and the United States shall each be entitled to twenty challenges. 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. Cause of chal after verdict. SEC. 919. CAUSE OF CHALLENGE NOT AVAILABLE AFTER VERDICT. No verdict shall be set aside for any cause which might be alleged as lenge not available 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. Witness for de SEC. 920. WITNESSES FOR DEFENSE.-In any criminal trial the justice trying the case may allow such number of witnesses on behalf of fendant. 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: inability of, to Provided, That the defendant makes application under oath before the trial, or, in cases of manifest necessity, during the trial, setting pay fees, etc. 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. Discharging de SEC. 921. DISCHARGING DEFENDANTS DURING TRIAL. -When two or more persons are jointly indicted the court may, before a defendant has fendants during gone into his defense, direct any such defendant to be discharged, that trial. he may be a witness for the United States. An accused party may Depositions. 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, 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 witCross-interroga- ness 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: tories. Oral examination. Procedure the cases, etc. 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 is stated 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 same as in civil 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 Sentence. Penitentiary; designation of. Time of execution. Insanity of criminals. at the time offense committed. -after indict ment, etc. 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 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 -confinement under the direction of the court. If the jury shall find the accused to sentence. SEC. 928. Any person becoming insane while undergoing a sentence Becoming insane of any court of the District of Columbia for crime may, in like while undergoing 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. Restoration to SEC. 929. RESTORATION TO SANITY.-When any person confined in the hospital for the insane, charged with crime and subject to be tried sanity. 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. Extradition. R. S., §§ 5278, SEC. 930. EXTRADITION.—In all cases where the laws of the United States provide that fugitives from justice shall be delivered up, the chief justice of the supreme court of the District of Columbia shall cause to be apprehended 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 5279. 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. Associate jus 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 tices may act, etc. 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. Attorney for the District to be known as the city solicitor. Prosecutions Prosecutions for violations of all police or municipal ordinances or regulations and for violation of all penal statutes in the nature of police conducted by city or municipal regulations, where the maximum punishment is a fine solicitor. only, or imprisonment not exceeding one year, shall be conducted in the name of the District of Columbia and by the city solicitor or his assistants. All other criminal prosecutions shall be conducted in the - by United name of the United States and by the attorney for the United States States attorney. for the District of Columbia or his assistants. conduct. SEC. 933. If in any case any question shall arise as to whether under -Where doubtthe preceding section the prosecution should be conducted by the city ful as to who shall 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 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. Place of impris SEC. 934. PLACE OF IMPRISONMENT.-When any person shall be sentenced to imprisonment for a term not exceeding six months the onment. court may direct that such imprisonment shall be either in the workhouse or in the jail. When any person is sentenced for a term longer than six months and not longer than one year such imprisonment shall be in the jail, and where the sentence is imprisonment 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 purProsecution, etc. poses 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 imprisonment for one year or less the prosecution may be in the police court. Government allowed same right fendant. SEC. 935. APPEALS BY UNITED STATES AND DISTRICT OF COLUMof appeal as de- BIA.—In all criminal prosecutions the United States or the District of Columbia, as the case may be, shall have the same right of appeal that is given to the defendant, including the right to a bill of exceptions: Provided, That if on such appeal it shall be found that there was error fendant not to be in the rulings of the court during the trial, a verdict in favor of the set aside, etc. defendant shall not be set aside. -verdict for de Commutation of fine. Deduction good conduct. Bail. cution. for 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 workhouse of the District of Columbia, and confined there for a term of one month or longer, who conduct themselves so that no charge of misconduct shall be sustained against them, shall have a deduction of five days in each month made from the term of their sentence and shall be entitled to their discharge so much the earlier upon the certificate of the warden of the jail for those confined in the jail and the certificate of the intendant of the Washington Asylum for those confined in the workhouse of their good conduct during their imprisonment (with the approval of the judge making the commitment); and it shall be the duty of said judge to write or cause to be written in the docket of his court, across the face of the commitment of the person to be so discharged, the following words: "Discharged by order of the court (giving date) on account of good conduct during imprisonment.” SEC. 938. BAIL.-Whenever a person charged with crime is held to bail the court shall have power to allow a deposit with the clerk of such court of money in the amount of the bail instead of requiring a bond or recognizance, and in case of default to declare such deposit forfeited to the United States or the District of Columbia as the case may be. Failure to take SEC. 939. ABANDONMENT OF PROSECUTION.-If any person charged action an aban- with a criminal offense shall have been committed or held to bail to donment of prose- await the action of the grand jury, and within nine months thereafter the grand jury shall not have taken action on the case, either by ignoring the charge or by returning an indictment into the proper court, the prosecution of such charge shall be deemed to have been abandoned and the accused shall be set free or his bail discharged, as the case may be: enlargement of time. Provided, however, That the supreme court of the District of Columbia holding a special term as a criminal court, or, in vacation, any justice of said court, upon good cause shown in writing, and, when practicable, upon due notice to the accused, may from time to time enlarge the time for the taking action in such case by the grand jury. |