THE CRIMINAL CODE.
The Senate returned to the bill H. R. 367.
Mr. BROWN moved to strike out Section 220. It is substantial nullification of what is in the organic law, that a man shall not be put in jeopardy twice for the same offense.
Mr. COMSTOCK supposed when a witness or a Prosecuting Attorney were taken sick it would work no hardship to postpone the trial for a short time.
Mr. BROWN insisted such cases were covered under the present law, but this section would allow a Judge to continue such case from term to term. There is no safety to an accused going to trial, but he may be tried over again. It is unsafe to a fair administration of justice to put it in the power of a Judge to grant a continuance.
The motion to strike out was agreed to.
On motion by Mr. HENRY, Section 230 was amended so as to read: The Prosecuting Attorney in capital cases may challenge peremptorily six Jurors; in other cases three Jurors--being the present law.
On motion by Mr. TRAYLOR, Section 273 was amended as to read: "When the defendant is found guilty the Jury must state in their verdict the amount of fine and the punishment to be inflicted, and where the plea is guilty or the trial is by the Court, the Court shall assess the amoumt of fines and fix the punishment to be inflicted."
The Senate adjourned till 9:30 a. m. to-morrow.
