found, that he has been before sentenced in the United States to a like punishment, he shall be sentenced to be confined not less than one nor more than five years, in addition to the time which he is or would be otherwise sentenced.

SEC. 14. When any such convict shall have been twice before sentenced in the United States to confinement in a penitentiary, and it is so alleged in the indictment and admitted, or by the jury found, he shall be sentenced to be confined in the penitentiary for life, or for any period not less than twenty years, in the discretion of the court.

SEC. 15. When a free person is convicted of petit larceny, and it is alleged in the indictment on which he is convicted, and admitted, or by the jury found, that he has been before sentenced in the United States for a like offence, he shall be sentenced to confinement in the penitentiary for one year. If two such convictions shall have been previously had, and be so alleged, admitted, or found, such person shall be sentenced to confinement in the penitentiary for the space of five years.

SEC. 16. When any person is convicted of two or more offences, the confinement to which he may be sentenced upon the second or any subsequent conviction, shall commence on the termination of the previous term or terms of confinement.

SEC. 17. Every person, being without this District, who shall commit any offence by an agent or means within the same, is liable to be punished by the laws thereof in the same manner as if he were present, and had commenced and consummated the offence within said District.

SEC. 18. If a person be stricken or poisoned in this District, and by reason thereof die without the same, the offender shall be as guilty, and be prosecuted and punished in like manner, as if the death had occurred in this District.

SEC. 19. Every person who shall feloniously steal the property of another beyond the limits of this District, and shall bring the same within this District, may be convicted and punished in like manner as if such larceny had been committed within this District.

SEC. 20. Every person prosecuted under the preceding section may plead a former conviction or acquittal for the same offence in any State or country; and if such plea be admitted or established, it shall be a bar to any further or other proceeding against such person for the same offence.

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.

TITLE III.

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 indictments 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.

CHAPTER 140.

OF THE RIGHTS OF PERSONS WHO ARE ACCUSED OF CRIMES AND

SECTION

OFFENCES.

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.

SECTION

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,
Thirdly, in proceedings before courts martial.

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.