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18 USC CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

.

-HEAD-

CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

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Sec.

3431. Term of court; power of court unaffected by expiration -

Rule.

3432. Indictment and list of jurors and witnesses for prisoner in

capital cases.

3433. Arraignment - Rule.

3434. Presence of defendant - Rule.

3435. Receiver of stolen property triable before or after

principal.

3436. Consolidation of indictments or informations - Rule.

3437. Severance - Rule.

3438. Pleas - Rule.

3439. Demurrers and special pleas in bar or abatement abolished;

relief on motion - Rule.

3440. Defenses and objections determined on motion - Rule.

3441. Jury; number of jurors; waiver - Rule.

3442. Jurors, examination, peremptory challenges; alternates -

Rule.

3443. Instructions to jury - Rule.

3444. Disability of judge - Rule.

3445. Motion for judgment of acquittal - Rule.

3446. New trial - Rule.

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18 USC Sec. 3431 01/06/03

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Sec. 3431. Term of court; power of court unaffected by expiration -

(Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Expiration of term without significance in criminal cases, Rule

45(c).

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 831.)

-REFTEXT-

REFERENCES IN TEXT

Rule 45(c) of the Federal Rules of Criminal Procedure, referred

to in text, was rescinded Feb. 28, 1966, eff. July 1, 1966.

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18 USC Sec. 3432 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

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Sec. 3432. Indictment and list of jurors and witnesses for prisoner

in capital cases

-STATUTE-

A person charged with treason or other capital offense shall at

least three entire days before commencement of trial be furnished

with a copy of the indictment and a list of the veniremen, and of

the witnesses to be produced on the trial for proving the

indictment, stating the place of abode of each venireman and

witness, except that such list of the veniremen and witnesses need

not be furnished if the court finds by a preponderance of the

evidence that providing the list may jeopardize the life or safety

of any person.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 103-322, title VI,

Sec. 60025, Sept. 13, 1994, 108 Stat. 1982.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 562 (R.S. Sec. 1033).

Words ''or other capital offense'' inserted after ''treason'' and

''jurors'' substituted for ''jury''. The concluding sentence ''When

any person is indicted for any other capital offense, such copy of

the indictment and list of the jurors and witnesses shall be

delivered to him at least two entire days before the trial'' was

omitted. The change made by the revisers, permitting an additional

day's preparation for trial in homicide, kidnapping, rape, and

other capital cases seemed not unreasonable.

Words ''shall be delivered to him'', at end of section, were

omitted as unnecessary.

Rule 10 of the Federal Rules of Criminal Procedure requires that

the defendant in every case be given a copy of the indictment or

information before he is called upon to plead. Thus there is no

conflict between the rule and the revised section.

Minor changes in phraseology were made.

AMENDMENTS

1994 - Pub. L. 103-322 inserted before period at end '', except

that such list of the veniremen and witnesses need not be furnished

if the court finds by a preponderance of the evidence that

providing the list may jeopardize the life or safety of any

person''.

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18 USC Sec. 3433 01/06/03

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Sec. 3433. Arraignment - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Reading and furnishing copy of indictment to accused, Rule 10.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 831.)

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18 USC Sec. 3434 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

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Sec. 3434. Presence of defendant - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Right of defendant to be present generally; corporation; waiver,

Rule 43.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 831.)

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18 USC Sec. 3435 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

-HEAD-

Sec. 3435. Receiver of stolen property triable before or after

principal

-STATUTE-

A person charged with receiving or concealing stolen property may

be tried either before or after the trial of the principal

offender.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 831.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 101, 467 (Mar. 4, 1909,

ch. 321, Sec. 48, 288, 35 Stat. 1098, 1145).

Other provisions of sections 101 and 467 of title 18, U.S.C.,

1940 ed., were incorporated in sections 641 and 662 of this title.

Necessary changes were made in phraseology.

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18 USC Sec. 3436 01/06/03

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Sec. 3436. Consolidation of indictments or informations - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Two or more indictments or informations triable together, Rule

13.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3437 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

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Sec. 3437. Severance - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Relief from prejudicial joinder of defendants or offenses, Rule

14.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3438 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

-HEAD-

Sec. 3438. Pleas - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Plea of guilty, not guilty, or nolo contendere; acceptance by

court; refusal to plead; corporation failing to appear, Rule 11.

Withdrawal of plea of guilty, Rule 32.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3439 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

-HEAD-

Sec. 3439. Demurrers and special pleas in bar or abatement

abolished; relief on motion - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Motion to dismiss or for appropriate relief substituted for

demurrer or dilatory plea or motion to quash, Rule 12.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3440 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

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Sec. 3440. Defenses and objections determined on motion - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Defenses or objections which may or must be raised before trial;

time; hearing; effect of determination; limitations by law

unaffected, Rule 12(b).

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3441 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

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Sec. 3441. Jury; number of jurors; waiver - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Jury trial, waiver, twelve jurors or less by written stipulation,

trial by court on general or special findings, Rule 23.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3442 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

-HEAD-

Sec. 3442. Jurors, examination, peremptory challenges; alternates -

(Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Examination and peremptory challenges of trial jurors; alternate

jurors, Rule 24.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3443 01/06/03

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PART II - CRIMINAL PROCEDURE

CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

-HEAD-

Sec. 3443. Instructions to jury - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Court's instructions to jury, written requests and copies,

objections, Rule 30.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3444 01/06/03

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Sec. 3444. Disability of judge - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Disability of judge after verdict or finding of guilt, Rule 25.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3445 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

-HEAD-

Sec. 3445. Motion for judgment of acquittal - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Motions for directed verdict abolished.

Motions for judgment of acquittal adopted; court may reserve

decision; renewal, Rule 29.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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18 USC Sec. 3446 01/06/03

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CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

-HEAD-

Sec. 3446. New trial - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Granting of new trial, grounds, and motion, Rule 33.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 832.)

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