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SEC. 21. In every prosecution for writing or publishing a libel, the defendant may give in evidence, in his defence upon the trial, the truth of the matter contained in the publication charged as libellous; provided, that such evidence shall not be deemed a sufficient justification, unless it shall further appear that the matter charged as libellous was published with good motives and for justifiable ends.
SEC. 22. In any prosecution for the offence of embezzling the money, bank notes, checks, drafts, bills of exchange, or other security for money, of any person, by a clerk, agent, or servant of such person, it shall be sufficient to allege generally in the indictment the embezzlement of money to a certain amount, without specifying any particulars of such embezzlement, and on the trial evidence may be given of any such embezzlement committed within six months next after the time stated in the indictment, and prior to the finding thereof; and it shall be sufficient to maintain the charge in the indictment, and free from variance, if it shall be proved that any money, bank note, check, draft, bill of exchange, or other security for money, of such person, of whatever amount, was fraudulently embezzled by such clerk, agent, or servant, within the said period of six months.
SEC. 23. In the prosecution of any offence committed upon or in any way affecting any real estate, or any offence committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any stolen money, goods, or other personal estate, it shall be sufficient, and free from variance, if it be proved on the trial that at the time when the offence was committed, either the actual or constructive possession, or the general or special property, in the whole or in any part of such real or personal estate was in the person or community alleged in the indictment or other accusation to be the owner thereof.
SEC. 24. When any duty is or shall be enjoined by law upon a public officer, or upon any person holding any public trust or employment, every wilful neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, shall be a misdemeanor, punishable as herein prescribed.
SEC. 25. When the performance of any act is prohibited by law, and no penalty for the violation thereof is imposed, either in the same section containing such prohibition or elsewhere in the Code, the doing of such act shall be deemed a misdemeanor.
SEC. 26. Every person who shall be convicted of any offence made by the Code a misdemeanor, or punishable under the same as such, shall, in the absence of other provision, be punished by imprisonment in jail not over one year, or by fine not exceeding two hundred dollars, or, in the discretion of the court, by both fine and imprisonment, as aforesaid.
SEC. 27. The term "infamous crime," as used in this Code, shall be construed as including every offence punishable with death, or by imprisonment in the penitentiary, and no other.
SEC. 28. A person sentenced to imprisonment in the penitentiary for life, shall thereafter be deemed civily dead.
SEC. 29. A sentence of imprisonment in the penitentiary, for any term less than life, shall suspend all the civil rights of the person so sentenced, and forfeit all public offices, and all private trusts, authority, or power, during the term of his imprisonment.
SEC. 30. The person, however, of a convict sentenced to imprisonment in the penitentiary shall be under the protection of the law; and any injury thereto, not authorized by law, is punishable in the same manner as if he was not sentenced.
SEC. 31. Whenever any person is imprisoned in the penitentiary, he shall be kept at hard labor therein during the period for which he was sentenced.
SEC. 32. Whenever any person under the age of twenty-one years shall be convicted of any crime punishable by imprisonment in the penitentiary, the court may substitute confinement in the county jail for any definite period not exceeding two years.
SEC. 33. Whenever any person under the age of sixteen years shall be convicted of any offence punishable by imprisonment in the penitentiary or confinement in the county jail, the court may substitute therefor, confinement in the house of refuge or correction, now or hereafter to be established, for any definite period not exceeding one year.
SEC. 34. In every case of a conviction of a capital crime, the judge of the criminal court may, in his discretion, order the body of the convict, after his execution, to be given up for dissection. The marshal in such case shall deliver the dead body of such convict to a professor of anatomy and surgery in some college or seminary within this District, if requested; otherwise, he may deliver it to any surgeon who will attend to receive it, and will engage for the dissection thereof.
SEC. 35. Any person who shall have been imprisoned in the penitentiary of any State or Territory of this Union, or in any prison in a foreign country, under a sentence for the commission of any crime which by the laws of this District is punishable by death or imprisonment in the penitentiary, shall be subject to all the disabilities imposed upon those who have been convicted of similar offences within this District.
Of proceedings in criminal cases.
CHAPTER 140. Of rights of persons accused,
CHAPTER 141. Of proceedings to prevent and detect the commission of crimes.
CHAPTER 142. Of the arrest and examination of offenders, commitment for trial, and taking bail. CHAPTER1 43. Of irdictments and proceedings before trial.
CHAPTER 144. Of trials in criminal cases.
CHAPTER 145. Of judgments in criminal cases, and the execution thereof.
CHAPTER 146. General provisions concerning proceedings in criminal cases.
OF THE RIGHTS OF PERSONS WHO ARE ACCUSED OF CRIMES AND
1. What offences to be prosecuted only by indictment.
2. Party accused may have counsel, defend himself, produce evidence, &c.
3. Persons indicted, how convicted.
4. Former acquittal, when a bar to a subsequent prosecution.
5. No person to be punished until legally convicted.
SECTION 1. No person shall be held to answer, in any court, for an alleged crime or offence, unless upon indictment by a grand jury, except in the following cases:
First, when a prosecution by information is expressly authorized by statute;
Secondly, in proceedings before a justice of the peace; and,
SEC. 2. On the trial of every indictment, the party accused shall be allowed to be heard by counsel, and he may defend himself, and he shall have a right to produce witnesses and proofs in his favor, and to be confronted with the witnesses who are produced against him.
SEC. 3. No person indicted for an offence shall be convicted thereof, unless by confession of his guilt in open court, or by admitting the truth of the charge against him by his plea or demurrer, or by the verdict of a jury, accepted and recorded by the court.
SEC. 4. No person shall be held to answer on a second indictment for any offence of which he has been acquitted by the jury, upon the facts and merits, on a former trial; but such acquittal may be pleaded by him in bar of any subsequent prosecution for the same offence, notwithstanding any defect in the form or in the substance of the indictment on which he was acquitted.
SEC. 5. No person who is charged with any offence against the law, shall be punished for such offence, unless he shall have been duly and legally convicted thereof in a court having competent jurisdiction of the cause and of the person.
24. Coroners' inquests; when to be held.
26. Penalty for constable's or juror's ne-
27. Jurors; how empanneled and sworn.
30. When and how post mortem to be made,
31. Testimony of witnesses reduced to writing.
32. Inquisition; how taken, and form there
33. Coroner; duty in case of felonious killing, &c.
34. Burial of dead body and payment of
35. Jury to report money, &c., found; and same, how disposed of.
36. When coroner to publish description of
37. Duty of officer in relation to such money.
40. When justice of the peace to act as
SECTION 1. The judge of the criminal court, or any judge of the circuit court, in vacation as well as in term, and also all justices of the peace, shall have power to cause all laws made for the preservation of the public peace to be kept, and, in the execution of that power, may require persons to give security to keep the peace, or for their good behavior, or both, in the manner provided in this chapter.
SEC. 2. Whenever complaint shall be made to any such magistrate that any person has threatened to commit an offence against the person or property of another, the magistrate shall examine the complainant, and any witness who may be produced, on oath, and reduce such complaint to writing, and cause the same to be subscribed by the complainant. A wife may pray surety of the peace against her husband, or anybody else may pray such surety, in her behalf, against him, and such person shall, in such proceeding, be deemed the complaining witness.
SEC. 3. If, upon examination, it shall appear that such affidavit is made only to secure the protection of the law, and not from anger or malice, and that there is just cause to fear that any such offence may be committed, the magistrate shall issue a warrant under his hand, reciting the substance of the complaint, and requiring the officer to whom it may be directed forthwith to apprehend the person complained of and bring him before such magistrate, or some other magistrate or court having jurisdiction of the cause.
SEC. 4. When the party complained of is brought before the magistrate, he shall be heard in his defence, and he may be required to enter into a recognizance, with sufficient sureties, in such sum as the