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to be transmitted to the district court, sitting in the county for trial, except where the
to district court.
indictment is found against a person holding the office of district judge.
SEC. 310. All indictments found against a member of the court of sessions, or against any justice of the peace, shall also be transmitted to the district court sitting in the county for trial.
REMOVAL OF THE ACTION TO ANOTHER COUNTY.
Criminal action may be moved to
SECTION 312. A criminal action prosecuted by indictment may be reanother county. moved from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
SEC. 313. The application must be made in the open court, and in writing verified by the affidavit of the defendant, and a copy must be served on the district attorney at least one day before the application is made to the court.
Application, how made.
Court may make order.
Order, what to direct.
SEC. 311. Upon the filing with the district court of an indictment transmitted from the court of quarter sessions, the defendant shall be arraigned and the same proceedings had in the district court as are required by this act upon indictments tried in the court of sessions.
Proceedings after removal.
SEC. 314. If the court be satisfied that the representation of the defendant is true, an order shall be made for the removal of the action to the court of sessions of a county which is free from the like objection, or if the indictment has been transmitted to the district court of the county from the court of sessions, then the order for removal shall be made to the district court of a county which is free from the like objection.
SEC. 315. The order of removal shall be entered on the minutes, and the clerk shall immediately make out and transmit a certified copy of the entry with a certified copy of the record, pleadings, and proceedings in the action, including the recognizances for the appearance of the defendant, and of the witnesses, to the court to which the action is removed.
SEC. 316. If the defendant be in custody the order shall direct his removal by the sheriff of the county where he is imprisoned to the custody of the sheriff of the county to which the action is removed, and he shall be forthwith removed accordingly.
SEC. 317. The court to which the action is removed shall proceed to trial and judgment therein, as if the action had been commenced in such court. If it be necessary to have any of the original pleadings or other papers before such court, the court from which the action is
removed shall, at any time on application of the district attorney, or the defendant, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained.
OF THE PROCEEDINGS ON THE INDICTMENT BEFORE TRIAL.
THE MODE OF TRIAL.
SECTION 318. An issue of fact arises:
1st. Upon a plea of not guilty, or,
2d. Upon a plea of a former conviction or acquittal of the same when issue offence.
of fact arises.
SEC. 319. An issue of fact must be tried by a jury of the county in Issue of fact, which the indictment was found, unless the action be removed by order of the court into some other county.
SEC. 320. If the indictment be for a misdemeanor, the trial may Appearance be had in the absence of the defendant; but if for a felony he must be personally present.
FORMATION OF THE TRIAL JURY AND THE CRIMINAL DOCKET.
SECTION 321. Trial juries for criminal actions shall be formed in Trial juries, the same manner as trial juries for civil actions.
SEC. 322. The clerk shall keep a docket of all the criminal actions Docket of pending in the court, in which he shall enter each indictment according to the date of the filing, specifying opposite the title of each action whether it be for a felony or a misdemeanor, and whether the defendant be in custody or on bail.
how disposed of.
SEC. 323. The issues on the docket shall be disposed of in the fol- Issues on docket, lowing order, unless upon the application of either party for good cause shown by affidavit, and upon two days' notice to the opposite party with a copy of the affidavit in support of the application, the court shall direct an indictment to be tried out of its order:
1st. Indictment for felony when the defendant is in custody: 2d. Indictments for misdemeanor when the defendant is in custody.
3d. Indictments for felony when the defendant is on bail; and, 4th. Indictments for misdemeanor when the defendant is on bail.
SEC. 324. After his plea, the defendant shall have at least two Time to prepare days to prepare for his trial, if he require it.
Postponement of trial.
On what founded.
When to be taken.
Exception to challenge.
Trial of challenge.
Defendants must join in
their challenges not allowed to sever their challenges, but must join therein.
Exception may be withdrawn.
Amendment of challenge.
Denial of challenge and trial thereof.
POSTPONEMENT OF TRIAL.
SECTION 325. When an indictment is called for trial the court may, upon sufficient cause shown by affidavit, direct the trial to be postponed to another day of the same term or the next term.
CHALLENGING THE JURY.
SECTION 326. A challenge is an objection made to the trial jurors, and is of two kinds :
1st. To the panel :
2d. To an individual juror.
SEC. 327. When several defendants are tried together, they are
SEC. 328. The panel is a list of jurors returned by a sheriff to serve at a particular court or for the trial of a particular cause.
SEC. 329. A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party.
SEC. 330. A challenge to the panel can only be founded on a material departure from the forms prescribed by statute in respect to the drawing and return of the jury, or an intentional omission of the sheriff to summon one or more of the jurors drawn.
SEC. 331. A challenge to a panel must be taken before a juror is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the grounds of challenge.
SEC. 332. If the sufficiency of the facts alleged as a ground of challenge be determined, the adverse party may except to the challenge. The exception need not be in writing, but shall be entered on the minutes of the court.
SEC. 333. Upon the exception, the court shall proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be
SEC. 334. If on the exception the court deem the challenge sufficient, it may, if justice require it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception be allowed, the court may in like manner permit an amendment of the challenge.
SEC. 335. If the challenge be denied, the denial may in like manner be oral, and shall be entered on the minutes of the court, and the court shall proceed to try the question of fact.
SEC. 336. Upon such trial, the officers, whether judicial or minis- Who may be terial, whose irregularity is complained of, as well as any other per- witnesses. sons, may be examined to prove or disprove the facts alleged as the grounds of challenge.
for bias in
SEC. 337. When the panel is formed from persons whose names are Challenge not drawn from the grand jury box, a challenge may be made to the summoning panel on account of any bias of the officer who summoned the jury, which would be good ground of challenge to a juror. Such objection shall be made in the same form, and determined in the same manner as when made to a juror.
SEC. 338. If, either upon an exception to the challenge, or a de- Effect of allowing nial of the fact, the challenge be allowed, the court shall discharge the jury, so far as the trial of the indictment in question is concerned. If it be disallowed, the court shall direct the jury to be empanneled. disallowance. SEC. 339. Before a juror is called, the defendant must be informed Challenge to by the court, or under its direction, that if he intend to challenge any to be taken. individual juror, he must do so when the juror appears and before he is sworn.
the poll, when
Challenge to a juror.
2d. Particular, that he is disqualified from serving in the cause on trial.
SEC. 345. General causes of challenge are:
1st. A conviction for felony :
2d. A want of any of the qualifications prescribed by statute to render a person a competent juror:
SEC. 340. A challenge to an individual juror is, either:
1st. Peremptory; or,
2d. For cause.
SEC. 341. It must be taken when the juror appears, and before he When to is sworn, but the court may for good cause permit it to be taken after the juror is sworn, and before the jury is completed.
SEC. 342. A peremptory challenge may be taken by either party, Peremptory and may be oral. It is an objection to a juror for which no reason need be given, but upon which the court shall exclude him.
SEC. 343. If the offence charged be punishable with death, or Number of with imprisonment in a state prison for life, the defendant is entitled challenges. to twenty, and the state to five peremptory challenges. On a trial for any other offence, the defendant is entitled to ten, and the state to three peremptory challenges.
SEC. 344. A challenge for cause may be taken by either party. It Challenges is an objection to a particular juror, and is either:
1st. General, that the juror is disqualified from serving in any
Particular causes of challenge.
Challenge for implied bias.
What not a cause of challenge.
3d. Unsoundness of mind, or such defect in the faculties of the mind or the organs of the body, as renders him incapable of performing the duties of a juror.
SEC. 346. Particular causes of challenge are of two kinds :
1st. For 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 act as implied bias:
2d. For the existence of a state of mind on the part of the juror in reference to the case which, in the exercise of a sound discretion on the part of trier, leads to the inference that he will not act with entire impartiality, and which is known in this act as actual bias.
SEC. 347. A challenge for implied bias may be taken for all or any of the following causes, and for no other:
1st. Consanguinity, or affinity within the fourth degree to the person alleged to be injured by the offence charged, or on whose complaint the prosecution was instituted, or to the defendant :
2d. 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 offence charged, or on whose complaint the prosecution was instituted, or in his employment on wages:
3d. Being a party adverse to the defendant in a civil action, or having complained against, or been accused by him in a criminal prosecution :
4th. Having served on the grand jury which found the indictment, or on a coroner's jury which inquired into the death of a person whose death is the subject of the indictment:
5th. Having served on a trial jury which has tried another person for the offence charged in the indictment:
6th. Having been one of a jury formerly sworn to try the same indictment, and whose verdict was set aside, or which was discharged without a verdict, after the case was submitted to it:
7th. Having served as a juror in a civil action brought against the defendant, for the act charged as an offence:
8th. Having formed or expressed an unqualified opinion or belief that the prisoner is guilty or not guilty of the offence charged:
9th. If the offence charged be punishable with death, the enter taining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he shall neither be permitted nor compelled to serve as a juror.
SEC. 348. An exemption from service on a jury is not a cause or challenge, but the privilege of the person exempted.