§ 3432. Indictment and list of jurors and witnesses for prisoner in capital cases

387 words·~2 min read·/usc/title-18/section-3432

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A person charged with treason or other capital offense shall at least three entire days before commencement of trial, excluding intermediate weekends and holidays, 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.

(June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 103–322, title VI, § 60025, Sept. 13, 1994, 108 Stat. 1982; Pub. L. 111–16, § 3(10), May 7, 2009, 123 Stat. 1608.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 562 (R.S. § 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.

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U.S. Code

Who may be a debtor
§ 109

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June 25, 1948, ch. 645
62 Stat. 831
Pub. L. 103–322, title VI, § 60025
108 Stat. 1982
Pub. L. 111–16, § 3(10)
123 Stat. 1608
Pub. L. 111–16
Pub. L. 103–322
section 7 of Pub. L. 111–16

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§ 3432

Indictment and list of jurors and witnesses for prisoner in capital cases

U.S.C.§ 109

ActJune 25, 1948, ch. 645

Stat.62 Stat. 831

Pub. L.Pub. L. 103–322, title VI, § 60025

Stat.108 Stat. 1982

Pub. L.Pub. L. 111–16, § 3(10)

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