PREFACE TO SECOND EDITION

In 1910 the first edition of my work on Federal Criminal Law was published. It was generously received by the profession. Many complimented it-a few criticized it. The five years that have passed since then have been fat with decisions. I have tried to cite, and believe I have cited, in the present volume, all of these new decisions. I have also added another chapter on Practice Suggestions.

In this book should be found, if not all of the decided law with reference to a statute, a quick index to where such law may be found, and this is often all the busy, painstaking lawyer wants.

WILLIAM H. ATWELL.

Dallas, Texas, March 1, 1916.

6a. Identity of offense must be shown.

7. Witness against self.

7a. Witness against self-Continued.

8. Art. VI of Constitution as bearing on tril by Jury; Copy of In-

dictment and Confronting by Witnesses.

9. Federal Courts controlled by Federal Statute only.

CHAPTER II.

GENERAL PROVISIONS APPLICABLE TO THE PRACTICE.

§10. Judicial Code and the Courts.

10a. Trial-public.

11. U. S. Commissioners.

11a. Contempts.

11b. Contempt Defined.

11c. Contempt pendente lite.

12. Prosecution Begun by Indictment.

13. Grand Jury and Indictment.

13a. Grand Jury and Indictment-Continued.

13b. Copy of the Indictment.

13c. Evidence before Grand Jury.

13d. Motion to Quash Indictment or Other Dilatory Plea.

13c. Information.

14. Preliminary Proceedings.

14a. Warrant to Issue-When.

14b. Question of Indictment on Removal.

14c. Arraignment.

15. Bail Bond-Recognizance-Action Thereon.

21. Admissibility of Documentary Evidence Secured Illegally.

21a. Method for Recovery of Illegally Secured Evidence.

21b. Production of Documents.

22. Comments or Improper Argument of District Attorney.

22a. Procedure When Improper Argument or Remarks are Made.

23. Prosecuting Officer in Grand Jury Room; Limits of his Expression.

24. Jury-Right of-Waiver-Necessity for Full Number-Illegal to

Try with Eleven.

24a. Comments by the Court.

25. Care of Jury-Moral Weight of Verdict; Legal Weight of Verdict;

Newspapers with Jury-Attempts to Influence Verdict.

25a. Setting Aside Verdict.

26. Evidence of Good Character-Charge on Presumption Thereof.

26a. Good Character Becomes a Fact.

26b. Charge on, Refused When.

26c. Proof of Other Offense.

27. Instructions of the Court, whether Written or Oral, Special

Instructions.

27a. Exceptions to Charge after Jury Retired.

28. Opinion of Court-How Guarded.

28a. The Court not Mere Presiding Officer.

29.

Court Cannot Comment on Lack of Evidence-Presumption of

Good Character.

30. Further Limitations on Court.

31. Verdict as to Part of Counts.

34.

Correction of Sentence; Control of Court over Sentence after

Term; New Trial; Motion for, When to be Made; May be

Made in Court of Appeals; Null and Void Criminal Judgment;

Whether May be Corrected, and How.

34a. Sentence not Absolutely Void; Resentencing.

35. Remission of Penalty on Forfeited Recognizance.

35ą. Fine Abated by Death.

36. Bail After Affirmance.

36a. Bail Matter of Discretion and Matter of Right, When.

36b. Voluntary Giving of Bond no Defense to Surety Liability.

37. Severance Separate Trials-Discretion of Court.