Other amendments. Offence described in words of Stat ute sufficient at ter verdict. and those proved by the evidence, are not material to the (6058.) SEC. 12. Such Court may direct such other amend- (6059.) SEC. 13. When the offence charged has been created by any statute, or the punishment of such offence has been 6 McLean, R, 66. declared by any statute, the indictment shall, after verdict, 1 Doug. Mich., 42. be held sufficient to warrant the punishment prescribed by the statute, if it describe the offence, in the words of the Misnomer may be amended. Money a suffi cient description etc. statute. (6060.) SEC. 14. Whenever the plea of a misnomer shall have been pleaded to an indictment, the Court in which it shall be pending may forthwith cause the indictment to be amended, and call upon the parties to plead thereto and to proceed as if no such plea had been pleaded. (6061.) SEC. 15. In any prosecution for larceny or robbery of Bank Notes, of the money, bank notes, or promissory notes, or bills of exchange of any person, it shall be sufficient to allege generally in the indictment, a larceny or robbery of money; and it shall be sufficient to maintain the charge in the indictment, that any money, bank notes, promissory notes, or bills of exchange, were stolen or obtained by robbery. Value of several articles may be ively. (6062.) SEC. 16. In any indictment for larceny, or for any stated collect other offence in which the value or price of any property 5 Blackford, 224 shall be stated, it shall be sufficient to state the value or price of several articles collectively; and in case the defendant shall be found guilty, or shall plead guilty as to only a part, and a jury shall find, or the defendant by his plea shall admit, the value of such property, the Court shall render judgment in the same manner as if the separate value of each article of said property had been alleged in the indictment. Facts conferring jurisdiction need not be stated. In libel, certain facts need not be set forth. (6063.) SEC. 17. In pleading a judgment or other determina tion of, or proceedings before, any Court or officer, the facts conferring jurisdiction need not be stated; but it shall be sufficient to state that the judgment or determination was duly rendered or made, or the proceedings duly had before such Court or officer. (6064.) SEC. 18. An indictment for libel need not set forth any extrinsic facts, for the purpose of showing the application to the party libelled, of the defamatory matter on which the 1 indictment is founded, but it shall be sufficient to state generally that the same was published of and concerning him. tween accesso act and princi tween principals (6065.) SEC. 19. The distinction between an accessory before Distinctions bethe fact, and a principal, and between principals in the first ries before the and second degree in cases of felony, is abrogated; and all pais, and bepersons concerned in the commission of a felony, whether they in the first and directly commit the act constituting the offence, or aid and abolished. abet in its commission, though not present, may hereafter be indicted, tried and punished, as principals, as in the case of a misdemeanor. second degres 3 Gilman, 369. eral counts rela erty may be (6066.) SEC. 20. An indictment for larceny may contain also In larceny, sev a count for obtaining property by false pretences, or a count tive to same propfor embezzlement, or for receiving, having in possession, or joined. aiding in concealing the same property, knowing it to have been stolen, and the jury may convict of either offence; and the jury who shall try the same may find all or any of the persons indicted, guilty of either of the offences charged in the indictment. ply to all plead. (6067.) SEC. 21. The preceding sections shall apply to all Provisions to ap pleas, replications or other proceedings. ings. Mass. R. S., Ch. 137. Issues of fact, how tried. When Grand Ju ror not to sit upon petit Jury. Challenges. Ibid. Challenges in case of trial for etc Chapter One Hundred and Sixty-Five of Revised Statutes of 1846. (6068.) SECTION 1. Issues of fact joined upon any indictment shall be tried by a jury, drawn and returned in the manner provided by law for the trial of issues of fact in civil cases. (6069.) SEC. 2. No member of the Grand Jury which has found an indictment, shall be put upon the jury for the trial of such indictment, if challenged for that cause by the defendant. (6070.) SEC. 3. Every person indicted for an offence, shall, when the jury is impanneled for his trial, be entitled to the same challenges that are by law allowed to defendants in civil causes. (6071.) SEC. 4. The Attorney General, or any other officer prosecuting an indictment, shall be entitled to the same challenges, on behalf of the People, that are allowed by law to parties in civil causes. (6072.) SEC. 5. Any person who is put on trial for an offence capital offence, punishable with death, or for murder in the first degree, shall be allowed to challenge, peremptorily, thirty of the persons returned as jurors, and no more. Person holding certain opinions sit upon Jury in (6073.) Sec. 6. No person whose opinions are such as to incompetent to preclude him from finding any defendant guilty of an offence case of capital of punishable with death, shall be compelled or allowed to serve as a juror on the trial of any indictment for such an offence. fence. Cath of Jurors. Affirmation. Person indicted for felony to be (6074.) SEC. 7. The following oath shall be administered to the jurors for the trial of all criminal cases: "You shall well and truly try, and true deliverance make, between the People of this State and the prisoner at the bar, whom you shall have in charge, according to the evidence and the laws of this State; so help you God." (6075.) SEC. 8. Any juror shall be allowed to make affirma tion, substituting the words "this you do under the pains and penalties of perjury," instead of the words "so help you God." (6076.) SEC. 9. No person indicted for a felony shall be present at trial. tried, unless personally present during the trial; persons indicted for smaller offences may, at their own request, by leave of the Court, be put on trial in their absence, by an attorney duly authorized for that purpose. (6077.) SEC. 10. The Court may order a view by any jury Court may order impanneled to try a criminal case, whenever such Court shall deem such view necessary. view. acquitted by rea etc. (6078.) SEC. 11. When any prisoner indicted for an offence, when prisoner shall, on trial, be acquitted by the jury by reason of insanity, son of insanity, the jury in giving their verdict of not guilty, shall state that it was given for such cause; and thereupon, if the discharge or going at large of such insane person, shall be considered manifestly dangerous to the peace and safety of the community, the Court may order him to be committed to prison, there to be kept until the further order of the Court; otherwise he shall be discharged. etc., not liable for (6079.) SEC. 12. No prisoner or person under recognizance, Person acquitted, who shall be acquitted by verdict, or discharged because no costs. indictment has been found against him, or for want of prosecution, shall be liable for any costs or fees of office, or for any charge for subsistence while he was in custody. order defendant before close of (6080.) SEC. 13. Whenever two or more persons shall be When Court may included in the same indictment, and it shall appear that there to be discharged is not sufficient evidence to put any defendant on his defence, evidence. it shall be the duty of the Court to order such defendant to be discharged from such indictment, before the evidence shall be deemed to be closed. defendants joint be tried. (6081.) SEC. 14. When two or more defendants shall be How two or more jointly indicted for any felony, any one defendant requiring it, y indicted may shall be tried separately; and in other cases, defendants jointly indicted, shall be tried separately, or jointly, in the discretion of the Court. Mass. R. S., Ch. 138. Court may grant new trial. Exceptions may Chapter One Hundred and Sixty-Six of Revised Statutes of 1846. (6082.) SECTION 1. The Court in which the trial of any indictment shall be had, may, at the same term, or at the next term thereafter, on the motion in writing of the defendant, grant a new trial, for any cause, for which by law a new trial may be granted, or when it shall appear to the Court that justice has not been done, and on such terms or conditions as the Court shall direct. (6083.) SEC. 2. Any person who shall be convicted of any be alleged, etc. offence before any Court of Record, considering himself aggrieved by any opinion, direction or judgment of the Court, in any matter of law, may allege exceptions to such opinion, direction or judgment, which exceptions being reduced to writing in a summary mode, and presented to the Judge before the end of the term, and found conformable to the truth of the case, shall be allowed and signed by the Judge. (6084.) SEC. 3. Upon the signing of such exceptions, all signing of excep- further proceedings in that Court shall be stayed, unless it shall clearly appear to the Judge, that such exceptions are frivolous, immaterial, or intended only for delay, and in that case, judgment may be entered, and sentence awarded in such manner as the Court shall deem reasonable, notwithstanding the allowance of such exceptions. Proceeedings to be stayed upon tions, unless, etc. Report of case when to be made by Judge. Person filing exceptions, etc., to recognize. (6085.) SEC. 4. If upon the trial upon indictment of any person who shall be convicted in any Court of Record, any question of law shall arise, which, in the opinion of the Judge, shall be so important or doubtful, as to require the opinion of the Supreme Court, he may, if the defendant desires it or consents thereto, report the case so far as may be necessary to present the question of law arising thereon, and transmit the same with all convenient speed to the Chief Justice, or one of the associate Justices of the Supreme Court, and thereupon all further proceedings in such Court shall be stayed. (6086.) SEC. 5. Any person who shall file exceptions, or for whose benefit a report shall be made by the Judge, as is provided in the preceding sections, may, if the offence be bailable, recognize to the People of this State, in such sum as the Court shall order, with sufficient sureties for his appearance at the next term of such Court, and to prosecute his exceptions to effect in the Supreme Court, if exceptions are |