thereafter challenging peremptorily any juror then in the jury box, and his remaining challenges shall be limited to jurors thereafter called. § 4108. Challenge for cause; kinds A challenge for cause may be taken by either party. It is an objection to a particular juror, and is either: (1) general-that the juror is disqualified from serving in any case; or (2) particular-that he is disqualified from serving in the action on trial. § 4109. General causes of challenge General causes of challenge are: (1) a conviction of felony; (2) a want of any of the qualifications prescribed by law to render a person a competent juror; or (3) unsoundness of mind or such defect in the faculties of the mind or organs of the body as to render him incapable of performing the duties of a juror. § 4110. Particular causes of challenge (a) Particular causes of challenge are for: (1) such a bias as, when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this title as implied bias; or (2) the existence of a state of mind on the part of the juror in reference to the case, or to either of the parties, which will prevent him from acting with entire impartiality and without prejudice to the substantial rights of either party, which is known in this title as actual bias. (b) A person may not be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to the jury, founded upon public rumor, statements in public journals, or common notoriety, if it appears to the court upon his declaration under oath or otherwise that he can and will, notwithstanding such an opinion, act impartially and fairly upon the matters to be submitted to him. § 4111. Challenge for implied bias A challenge to an individual juror for implied bias may be taken for: (1) consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant; (2) standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged or on whose complaint the prosecution was instituted, or in his employment on wages; (3) being a party adverse to the defendant in a civil action, or having complained against or been accused by him in a criminal prosecution; (4) having served on a trial jury which has tried another person for the offense charged; (5) having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside, or which was discharged without a verdict after the case was submitted to it; (6) having served as a juror in a civil action brought against the defendant for the act charged as an offense; or (7) if the offense charged is punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he may neither be permitted nor compelled to serve as a juror. § 4112. Exemption from service as cause of challenge An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted. § 4113. Form and entry of challenge A challenge may be oral, but shall be entered in the minutes of the court or of the reporter. § 4114. Exception to or denial of challenge An adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings shall be had thereon as are prescribed in section 4098 of this title, except that if the exception is allowed the juror shall be excluded. The adverse party may also orally deny the facts alleged as the ground of challenge. § 4115. Trial of challenge to individual juror If, upon a challenge to an individual juror, the facts are denied, the challenge shall be tried by the court. § 4116. Examination of juror and witnesses Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge and shall answer every question pertinent to the inquiry. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge. § 4117. Allowance or disallowance of challenge After the trial of a challenge to an individual juror, the court shall allow or disallow the challenge. Its decision shall be entered in the minutes of the court. CHAPTER 217-CONDUCT OF THE TRIAL; VERDICT SUBCHAPTER I-GENERALLY Sec. 4151. Order of proceedings on trial. 4152. Number of counsel who may argue cause. 4153. View by jury. 4154. Forms of verdict. 4155. Finding degree of crime. 4156. Conviction of included offense or attempt. 4157. Several defendants; conviction or acquittal of some. 4158. Several defendants; several offenses; verdict. 4159. Reconsideration of verdict. 4160. Judgment upon informal verdict. 4161. Recording verdict. SUBCHAPTER II-EVIDENCE GENERALLY 4191. Presumption of innocence; reasonable doubt. 4192. Reasonable doubt as to degree of crime. 4198. Proof of treason. 4194. Discharge of defendant to be witness. SUBCHAPTER III-WITNESSES; SUBPOENAS Sec. 4231. Subpoenas generally. 4232. Issuance of subpoena. 4233. Service of subpoena. 4234. Tendering fees and mileage. 4235. Place of service; subpoena for taking deposition. 4236. Civil liability for disobedience. 4237. Summoning witnesses for trial in magistrate's court. 4238. Prisoner as witness. SUBCHAPTER IV-DEPOSITIONS Article A-Depositions Generally 4271. Depositions on motion of defendant. Article B-Examination of Witness Conditionally 4291. Right to have witnesses examined conditionally. 4292. Grounds for examination. 4293. Form of application for order. 4294. Application for order to district court or magistrate. 4295. Order for examination. 4296. Examination not to take place when grounds nonexistent. 4297. Presence of defendant at examination. 4298. Subpoena for witness. 4299. Testimony; reduction to writing; authentication. 4300. Transmittal of deposition to court. 4301. Use of deposition in evidence. SUBCHAPTER V-SECURING THE ATTENDANCE OF WITNESSES 4331. Definitions. 4332. Summoning witness in Canal Zone to testify in another State. 4335. Uniformity of interpretation. 4336. Short title. Subchapter I-Generally § 4151. Order of proceedings on trial Unless otherwise directed by the judge, the trial in a criminal action in the district court shall be conducted in the following order: (1) the United States attorney or other counsel for the Government shall open the cause and offer the evidence in support of the charge; (2) the defendant or his counsel may then open the defense and offer his evidence in support thereof; (3) the parties may then respectively offer rebutting testimony only, unless the court for good reason in furtherance of justice permits them to offer evidence upon their original case; and (4) when the evidence is concluded unless the case is submitted on either side or on both sides without argument, the United States attorney or other counsel for the Government and counsel for the defendant may argue the case; the United States attorney or other counsel for the Government opening the argument and having the right to close. § 4152. Number of counsel who may argue cause If the information is for an offense punishable with death two counsel on each side may argue the cause. If it is for any other offense the district court may in its discretion restrict the argument to one counsel on each side. § 4153. View by jury If, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of the marshal, to the place, which shall be shown to them by a person appointed by the court for that purpose. The marshal shall be sworn to suffer no person to speak or communicate with the jury, nor to do so himself, on any subject connected with the trial, and to return them into court without unnecessary delay or at a specified time. § 4154. Forms of verdict The verdict upon a plea of not guilty is either "guilty" or "not guilty," which imports a conviction or acquittal of the offense charged in the information. Upon a defense of a former conviction or acquittal of the same offense or a defense of once in jeopardy, the verdict is either "for the Government" or "for the defendant." When the defendant is acquitted on the ground that he was insane at the time of the commission of the act charged, the verdict shall be "not guilty by reason of insanity." § 4155. Finding degree of crime (a) When a crime is distinguished into degrees, a verdict of conviction shall find the degree of the crime of which the defendant is guilty. (b) When a crime is distinguished into degrees, upon a plea of guilty, or upon a trial without a jury, the district court or magistrate's court shall determine the degree before passing sentence. § 4156. Conviction of included offense or attempt The jury, the district court in a case tried without a jury, or the magistrate's court, may find the defendant guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or of an offense necessarily included therein if the attempt is an offense. 8 4157. Several defendants; conviction or acquittal of some Upon a prosecution against several defendants any one or more may be convicted or acquitted. § 4158. Several defendants; several offenses; verdict (a) Rule 31 (b) of the Federal Rules of Criminal Procedure applies to verdicts if there are two or more defendants. (b) If two or more offenses are charged in separate counts in the same information, or in two or more informations tried together, the jury at any time during its deliberations may return a verdict or verdicts with respect to a count or counts as to which it has agreed; if the jury cannot agree with respect to all, the count or counts as to which it does not agree may be tried again. § 4159. Reconsideration of verdict When there is a verdict of conviction, in which it appears to the court that the jury has mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider its verdict. After the reconsideration, if the jury returns the same verdict, it shall be entered. When there is a verdict of acquittal, the court may not require the jury to reconsider it. § 4160. Judgment upon informal verdict If the jury persists in finding an informal verdict, from which, however, it can be clearly understood that the jury's intention is to find in favor of the defendant upon the issue, the verdict shall be entered in the terms in which it is found, and the court shall give judgment of acquittal. A judgment of conviction may not be given unless the jury finds against the defendant upon the issue. § 4161. Recording verdict When the verdict given is such as the court may receive, the clerk shall immediately record it in full upon the minutes, read it to the jury, and inquire of the jury whether it is its verdict. If any juror disagrees, the fact shall be entered upon the minutes and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury shall be discharged from the case. Subchapter II-Evidence Generally § 4191. Presumption of innocence; reasonable doubt A defendant in a criminal action is presumed to be innocent until the contrary is proved and in case of a reasonable doubt as to his guilt is entitled to an acquittal. § 4192. Reasonable doubt as to degree of crime If it appears that the defendant has committed a public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he may be convicted of the lowest of the degrees only. § 4193. Proof of treason A person may not be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court. § 4194. Discharge of defendant to be witness (a) If two or more persons are included in the same charge, the court may, at any time before the defendants have adduced testimony in defense, on the application of the United States attorney, direct a defendant to be discharged, that he may be a witness for the Government. (b) When two or more persons are included in the same charge, and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it shall order him to be discharged before the evidence for the defense is closed, that he may be a witness for his codefendant. (c) The order prescribed by subsections (a) and (b) of this section is an acquittal of the defendant discharged and a bar to another prosecution for the same offense. Subchapter III-Witnesses; Subpoenas § 4231. Subpoenas generally Except as otherwise provided by this subchapter, a subpoena in a criminal action in the district court or a magistrate's court is governed by Rule 17 of the Federal Rules of Criminal Procedure. § 4232. Issuance of subpoena (a) A subpoena may be signed and issued by: (1) a magistrate before whom a complaint is made, on behalf of either the Government or the defendant; (2) the judge of the district court; (3) the clerk of the district court upon application either of the Government or the defendant; or (4) the United States attorney. (b) A subpoena issued by a magistrate or the United States attorney need not be under the seal of a Court. (c) A magistrate or the clerk of the district court shall, at any time and without charge, issue subpoenas for witnesses for the defendant upon his request. |