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LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 89, 574; sections 23, 101, 1406 of title 48 U. S. C., 1940 ed., Territories and Insular Possessions; section 39 of title 50 U. S. C., 1940 ed., War and National Defense (June 6, 1900, ch. 786, § 4, 31 Stat. 322; Aug. 24, 1912, ch. 387, § 3, 87 Stat. 512; June 15, 1917, ch. 30, title XIII, § 2, 40 Stat. 231; Mar. 2, 1921, ch. 110, 41 Stat. 1203; June 22, 1936, ch. 699, § 28, 49 Stat. 1814).

Section consolidates portions of sections 39 and 574 of title 18 U. S. C., 1940 ed., with jurisdictional provisions of sections 23, 101, and 1406 of title 48 U. S. C., 1940 ed., and section 39 of title 50 U. S. C., 1940 ed., with changes of phraseology necessary to effect consolidation.

The revised section simplifies and clarifies the Federal Jurisdiction of the district courts of the Territories and Possessions. The enumeration of sections in section 574 of title 18 U. S. C., 1940 ed., was omitted as incomplete and misleading and the general language of the revised section was made applicable to the Canal Zone.

The phrase "the several courts of the first instance in the Philippine Islands" in section 574 of title 18 U. S. C., 1940 ed., was omitted as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946.

The last sentence of section 574 of title 18 U. S. C., 1940 ed., with reference to the powers of district attorneys was omitted as unnecessary and otherwise covered by sections 403 and 404 of title 22 U. S. C., 1940 ed., Foreign Relations and Intercourse.

Definition of United States in section 39 of title 18 U. S. C., 1940 ed., is incorporated in section 5 of this title. FEDERAL RULES OF CRIMINAL PROCEDURE Application of rules, see note by Advisory Committee under rule 54 following section 3771 of this title.

§ 3242. Indians committing certain offenses; acts on reservations.

All Indians committing any of the following offenses, namely, murder, manslaughter, rape, incest, assault with intent to kill, assault with a dangerous weapon, arson, burglary, robbery, and larceny on and within the Indian country shall be tried in the same courts, and in the same manner, as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States. (June 25, 1948, ch. 645, § 1, 62 Stat. 827; May 24, 1949, ch. 139, § 51, 63 Stat. 96.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 548 (Mar. 4, 1909, ch. 321, § 328, 35 Stat. 1151; June 28, 1932, ch. 284, 47 Stat. 337).

The provisions defining rape in accordance with the law of the State and prescribing imprisonment at the discretion of the court for rape by an Indian upon an Indian are now included in section 1153 of this title. (See also section 6 of this title.)

Section 549 of said title 18, relating to crimes in Indian reservations in South Dakota, was omitted as covered by section 1153 of this title. Accordingly the last sentence of said section 548, extending this section to prosecutions of Indians in South Dakota, was also omitted as unnecessary because this section is sufficient and applicable. Other provisions of said section 548 are incorporated in sections 1151 and 1153 of this title.

Minor changes were made in phraseology.

AMENDMENTS

1949-Act May 24, 1949 amended section by inserting "within the Indian country" in lieu of "within any Indian reservation, including rights-of-way running through the reservation,".

CROSS REFERENCES

Offenses committed within Indian country, see section 1153 of this title.

§ 3243. Jurisdiction of State of Kansas over offenses committed by or against Indians on Indian reservations.

Jurisdiction is conferred on the State of Kansas over offenses committed by or against Indians on Indian reservations, including trust or restricted allotments, within the State of Kansas, to the same extent as its courts have jurisdiction over offenses committed elsewhere within the State in accordance with the laws of the State.

This section shall not deprive the courts of the United States of jurisdiction over offenses defined by the laws of the United States committed by or against Indians on Indian reservations. (June 25, 1948, ch. 645, § 1, 62 Stat. 827.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 217a of title 25, U. S. C., 1940 ed., Indians (June 8, 1940, ch. 276, 54 Stat. 249). The attention of Congress is directed to consideration of the question whether this section should be broadened and made applicable to all states rather than only to Kansas. Such change was not regarded as within the scope of this revision.

Changes were made in phraseology.
CROSS REFERENCES

Offenses committed within Indian country, see section 1153 of this title.

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LEGISLATIVE HISTORY

Reviser's Note.-Based on section 746 (g) of title 8, U. S. C., 1940 ed., Aliens and Nationality, and on title 18, U. S. C., 1940 ed., § 582 (R. S. § 1044; Apr. 13, 1876, ch. 56, 19 Stat. 32; Nov. 17, 1921, ch. 124, § 1, 42 Stat. 220; Dec. 27, 1927, ch. 6, 45 Stat. 51; Oct. 14, 1940, ch. 876, title I, subchap. III, § 346 (g), 54 Stat. 1167).

Section 582 of title 18, U. S. C., 1940 ed., and section 746 (g) of title 8, U. S. C., 1940 ed., Aliens and Nationality, were consolidated. "Except as otherwise expressly provided by law" was inserted to avoid enumeration of exceptive provisions.

The proviso contained in the act of 1927 "That nothing herein contained shall apply to any offense for which an indictment has been heretofore found or an information instituted, or to any proceedings under any such indictment or information," was omitted as no longer necessary. In the consolidation of these sections the 5-year period of limitation for violations of the Nationality Code, provided for in said section 746 (g) of title 8, U. S. C., 1940 ed., Aliens and Nationality, is reduced to 3 years. There seemed no sound basis for considering 3 years adequate in the case of heinous felonies and gross frauds against the United States but inadequate for misuse of a passport or false statement to a naturalization examiner.

OFFENSES AGAINST INTERNAL SECURITY Limitation period in connection with offenses against internal security, see section 783 (e) of Title 50, War and National Defense.

SECTIONS 792, 793 AND 794 OF THIS TITLE;
LIMITATION PERIOD

Limitation period in connection with sections 792, 793 and 794 of this title, see note under such section 792. CROSS REFERENCES

Antitrust law violations, suspension of limitation periods, see section 16 note of Title 15, Commerce and Trade.

Concealment of bankrupt's assets as continuing offense, see section 3284 of this title.

Internal revenue violations, see section 3748 (a) of Title 26, Internal Revenue Code.

Offenses arising under

Bankruptcy laws, see section 151 et seq. of this

title.

Copyright laws, see section 115 of Title 17, Copyright.

Internal revenue laws, see section 3748 of Title 26, Internal Revenue Code.

Wartime suspension of limitations, see section 3287 of this title.

FEDERAL RULES OF CRIMINAL PROCEDURE Limitation periods not affected by procedure governing pleadings and motions, see rule 12 (b) (5) following section 3771 of this title.

Motion raising defenses, see rule 12 (b) following section 3771 of this title.

Pleas, demurrers, and motions to quash abolished, see rule 12 (a) following section 3771 of this title.

§ 3283. Customs and slave trade violations.

No person shall be prosecuted, tried or punished for any violation of the customs laws or the slave trade laws of the United States unless the indictment is found or the information is instituted within five years next after the commission of the offense. (June 25, 1948, ch. 645, § 1, 62 Stat. 828.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 584 (R. S. § 1046; July 5, 1884, ch. 225, § 2, 23 Stat. 122). Words "customs laws" were substituted for "revenue laws," since different limitations are provided for internal revenue violations by section 3748 of title 26, U. S. C., 1940 ed., Internal Revenue Code.

This section was held to apply to offenses under the customs laws. Those offenses are within the term "reve

nue laws" but not within the term "internal revenue laws". United States v. Hirsch (1879, 100 U. S. 33, 25 L. Ed. 539), United States v. Shorey (1869, Fed. Cas. No. 16,282), and United States v. Platt (1840, Fed. Cas. No. 16,054a) applied this section in customs cases. Hence it appears that there was no proper basis for the complete elimination from section 584 of title 18, U. S. C., 1940 ed., of the reference to revenue laws.

Meaning of "revenue laws". United States v. Norton (1876, 91 U. S. 566, 23 L. Ed. 454), quoting Webster that "revenue" refers to "The income of a nation, derived from its taxes, duties, or other sources, for the payment of the national expenses.' Quoting United States v. Mayo (1813, Fed. Cas. No. 15,755) that "revenue laws" meant such laws "as are made for the direct and avowed purpose of creating revenue or public funds for the service of the Government."

Definition of revenue. "Revenue" is the income of a State, and the revenue of the Post Office Department, being raised by a tax on mailable matter conveyed in the mail, and which is disbursed in the public service, is as much a part of the income of the government as moneys collected for duties on imports (United States v. Bromley, 53 U. S. 88, 99, 13 L. Ed. 905).

"Revenue" is the product or fruit of taxation. It matters not in what form the power of taxation may be exercised or to what subjects it may be applied, its exercise is intended to provide means for the support of the Government, and the means provided are necessarily to be regarded as the internal revenue. Duties upon imports are imposed for the same general object and, because they are so imposed, the money thus produced is considered revenue, not because it is derived from any particular source (United States v. Wright, 1870, Fed. Cas. No. 16,770). "Revenue law" is defined as a law for direct object of imposing and collecting taxes, dues, imports, and excises for government and its purposes (In re Mendenhall, D. C. Mont. 1935, 10 F. Supp. 122).

Act Cong. March 2, 1799, ch. 22, 1 Stat. 627, regulating the collection of duties on imports, is a revenue law, within the meaning of act Cong. April 18, 1818, ch. 70, 3 Stat. 433, providing for the mode of suing for and recovering penalties and forfeitures for violations of the revenue laws of the United States (The Abigail, 1824, Fed. Cas. No. 18).

Changes were made in phraseology.

CROSS REFERENCES

Customs offenses, see section 541 et seq. of this title. Limitations for offenses under internal revenue laws generally, see section 3748 of Title 26, Internal Revenue Code.

Slave trade offenses, see section 1582 et seq. of this title.

§ 3284. Concealment of bankrupt's assets.

The concealment of assets of a bankrupt or other debtor shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge. (June 25, 1948, ch. 645, § 1, 62 Stat. 828.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 52 (d) of title 11, U. S. C., 1940 ed., Bankruptcy (May 27, 1926, ch. 406, § 11d, 44 Stat. 665; June 22, 1938, ch. 575, § 1, 52 Stat. 856).

The 3-year-limitation provision was omitted as unnecessary in view of the general statute, section 3282 of this title.

The words "or a discharge denied" and "or denial of discharge" were added on the recommendation of the Department of Justice to supply an omission in existing

law.

Other subsections of said section 52 of title 11, U. S. C., 1940 ed., are incorporated in sections 151-154 and 3057 of this title.

Other minor changes of phraseology were made.

CROSS REFERENCES Bankruptcy investigations, see section 3057 of this title. Offenses relating to bankruptcy, see sections 151 et seq. of this title.

Three year limitation on offenses relating to bankruptcy, see section 3282 of this title.

§ 3285. Criminal contempt.

No proceeding for criminal contempt within section 402 of this title shall be instituted against any person, corporation or association unless begun within one year from the date of the act complained of; nor shall any such proceeding be a bar to any criminal prosecution for the same act. (June 25, 1948, ch. 645, § 1, 62 Stat. 828.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 390 of title 28, U. S. C., 1840 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, § 25, 38 Stat. 740).

Word "criminal" was inserted before "contempt" in first line. Words "within section 402 of this title" were inserted after "contempt".

The correct meaning and narrow application of title 28, U. S. C., 1940 ed., § 390, are preserved, as section 389 of that title is incorporated in sections 402 and 3691 of this title. Words "corporation or association" were inserted after "person", thus embodying applicable definition of section 390a of title 28, U. S. C., 1940 ed. (See reviser's note under section 402 of this title.)

CROSS REFERENCES

Criminal contempts constituting criminal offenses, see section 402 of this title.

Insurance business, application of section to, see sections 1011-1015 of Title 15, Commerce and Trade.

FEDERAL RULES OF CRIMINAL PROCEDURE Criminal contempt procedure, see rule 42 following section 3771 of this title.

§ 3286. Seduction on vessel of United States.

No person shall be prosecuted, tried, or punished for seduction in violation of section 2198 of this title unless indictment is found or the information is filed within one year after the vessel on which the offense was committed arrives at its port of destination. (June 25, 1948, ch. 645, § 1, 62 Stat. 828.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 460 (Mar. 4, 1909, ch. 321, § 281, 35 Stat. 1144).

Section 460 of title 18, U. S. C., 1940 ed., was incorporated in this section and sections 2198 and 3614 of this title. Minor changes in phraseology only were made in this section.

Reference to the filing of an information was inserted in view of rule 7 of the Federal Rules of Criminal Procedure. CROSS REFERENCES

Penalty for seduction on vessel of United States, see section 3286 of this title.

§ 3287. Wartime suspension of limitations.

When the United States is at war the running of any statute of limitations applicable to any offense (1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not, or (2) committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States, or (3) committed in connection with the negotiation, procurement,

award, performance, payment for, interim financing, cancelation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency, shall be suspended until three years after the termination of hostilities as proclaimed by the President or by a concurrent resolution of Congress. Definitions of terms in section 103 of title 41 shall apply to similar terms used in this section. (June 25, 1948, ch. 645, § 1, 62 Stat. 828.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed, § 590a (Aug. 24, 1942, ch. 555, § 1, 56 Stat. 747; July 1, 1944, ch. 358, § 19 (b), 58 Stat. 667; Oct. 3, 1944, ch. 479, § 28, 58 Stat. 781).

The phrase "when the United States is at war" was inserted at the beginning of this section to make it permanent instead of temporary legislation, and to obviate the necessity of reenacting such legislation in the future. This permitted the elimination of references to dates and to the provision limiting the application of the section to transactions not yet fully barred. When the provisions of the War Contract Settlements Act of 1944, upon which this section is based, are considered in connection with said section 590a which it amends, it is obvious that no purpose can be served now by the provisions omitted.

Phrase (2), reading "or committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States" was derived from section 28 of the Surplus Property Act of 1944 which amended said section 590a of title 18, U. S. C., 1940 ed. This Act is temporary by its terms and relates only to offenses committed in the disposition of surplus property thereunder.

The revised section extends its provisions to all offenses involving the disposition of any property, real or personal, of the United States. This extension is more apparent than real since phrase (2), added as the result of said Act, was merely a more specific statement of offenses embraced in phrase (1) of this section.

The revised section is written in general terms as permanent legislation applicable whenever the United States is at war. (See, also, reviser's note under section 284 of this title.)

The last paragraph was added to obviate any possibility of doubt as to meaning of terms defined in section 103 of title 41, U. S. C., 1940 ed., Public Contracts. Changes were made in phraseology.

CROSS REFERENCES

Procurement, utilization and disposal of government property, see sections 201 et seq. of Title 41, Public Contracts.

Termination of war contracts, see sections 101 et seq. of Title 41, Public Contracts.

§ 3288. Reindictment where defect found after period of limitations.

Whenever an indictment is dismissed for any error, defect or irregularity with respect to the grand jury, or is found otherwise defective or insufficient for any cause, after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned not later than the end of the next succeeding regular term of such court, following the term at which such indictment was found defective or insufficient, during which a grand jury shall be in session which new indictment shall not be barred by any statute of limitations. (June 25, 1948, ch. 645, § 1, 62 Stat. 828.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 556a, 587, 589 (Apr. 30, 1934, ch. 170, § 1, 48 Stat. 648; May 10, 1934, ch. 278, §§ 1, 3, 48 Stat. 772; July 10, 1940, ch. 567, 54 Stat. 747).

This section is a consolidation of sections 556a, 587, and 589 of title 18, U. S. C., 1940 ed., without change of substance. (See reviser's note under section 3289 of this title.)

CROSS REFERENCES Limitations for non-capital offenses, see section 3282 of this title.

Reindictment before limitations, see section 3289 of this

title.

FEDERAL RULES OF CRIMINAL PROCEDURE Limitation periods not affected by procedure governing pleadings and motions, see rule 12 (b) (5), following section 3771 of this title.

Motion to dismiss indictment on objections to grand jury, see rule 6 (b) (2) following section 3771 of this title.

§ 3289. Reindictment where defect found before period of limitations.

Whenever an indictment is dismissed for any error, defect or irregularity with respect to the grand jury, or is found otherwise defective or insufficient for any cause, before the period prescribed by the applicable statute of limitations has expired, and such period will expire before the end of the next regular term of the court to which such indictment was returned, a new indictment may be returned not later than the end of the next succeeding regular term of such court following the term at which such indictment was found defective or insufficient, during which a grand jury shall be in session which new indictment shall not be barred by any statute of limitations. (June 25, 1948, ch. 645, § 1, 62 Stat. 829.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 556a, 588, 589 (Apr. 30, 1934, ch. 170, § 1, 48 Stat. 648; May 10, 1934, ch. 278, §§ 2, 3, 48 Stat. 772).

Consolidation of sections 556a, 588, and 589 of title 18, U. S. C., 1940 ed., without change of substance. The provisions of said section 556a, with reference to time of filling motion, were omitted and numerous changes of phraseology were necessary to effect consolidation, particularly in view of rules 6 (b) and 12 (b) (2), (3), (5) of the Federal Rules of Criminal Procedure.

Words "regular or special" were omitted and "regular" inserted after "succeeding" to harmonize with section 3288 of this title.

CROSS REFERENCES

Limitation for non-capital offenses, see section 3282 of this title.

Reindictment after limitations, see section 3288 of this

title.

FEDERAL RULES OF CRIMINAL PROCEDURE

Limitation periods not affected by procedure governing pleadings and motions, see rule 12 (b) (5), following section 3771 of this title.

Motion to dismiss indictment on objection to grand jury, see rule 6 (b) (2).

§3290. Fugitives from justice.

No statute of limitations shall extend to any person fleeing from justice. (June 25, 1948, ch. 645, § 1, 62 Stat. 829.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on Title 18, U. S. C., 1940 ed., 583 (R. S. § 1045).

Said section 583 was rephrased and made applicable to all statutes of limitation and is merely declaratory of the generally accepted rule of law.

CROSS REFERENCES

Absence from district as tolling limitation for prosecution for internal revenue violations, see section 3748 (a) of Title 26, Internal Revenue Code.

§ 3291. Nationality, citizenship, and passports.

No person shall be prosecuted, tried, or punished for violation of any provision of sections 1423 to 1428, inclusive, of chapter 69 and sections 1541 to 1544, inclusive, of chapter 75 of title 18 of the United States Code, or for conspiracy to violate any of the afore-mentioned sections, unless the indictment is found or the information is instituted within ten years after the commission of the offense. (Added June 30, 1951, ch. 194, § 1, 65 Stat. 107.)

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3325. Persons present at proceedings-Rule.
3326. Secrecy of proceedings and disclosure-Rule.
3327. Indictment; finding and return-Rule.
3328. Discharging jury and excusing juror-Rule.

§ 3321. Number of grand jurors; summoning additional jurors.

Every grand jury impaneled before any district court shall consist of not less than sixteen nor more than twenty-three persons. If less than sixteen of the persons summoned attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. Whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose. (June 25, 1948, ch. 645, § 1, 62 Stat. 829.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 419 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 282, 36 Stat. 1165).

The provisions of the first sentence are embodied in rule 6 (a) of the Federal Rules of Criminal Procedure, but it has been retained because of its relation to the remainder of the text which is not covered by said rule.

CROSS REFERENCES

Apportionment of grand jurors within district, see section 1865 of Title 28, Judiciary and Judicial Procedure. Attendance fees of grand jurors, see section 1871 of Title 28, Judiciary and Judicial Procedure.

Drawing grand jurors, see section 1864 of Title 28, Judiclary and Judicial Procedure.

Exclusion on account of race or color, penalty for, see section 243 of this title.

Fee of marshal for serving venire, see sections 553 and 1921 of Title 28, Judiciary and Judicial Procedure. Fees of grand jurors, see section 1871 of Title 28, Judiciary and Judicial Procedure.

1 So in original. Catchline reads "deputies".

Hawaii, qualifications, size of grand jury, drawing, method of proceedings, etc., see section 635 of Title 48, Territories and Insular Possessions.

Intimidating or influencing grand jurors, see sections 1503 and 1504 of this title.

Ohio grand jurors; place of service; authority of Judge to change; see sections 115 and 1865 of Title 28, Judiciary and Judicial Procedure.

Qualifications and exemptions of jurors, see section 1861 of Title 28, Judiciary and Judicial Procedure.

Summons; service and return, see sections 1867 and 1868 of Title 28, Judiciary and Judicial Procedure. Traveling expenses, see section 1871 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CRIMINAL PROCEDURE Challenges of grand jurors, see rule 6 (b) (1) following section 3771 of this title.

Discharge and excuse of grand jurors, see rule 6 (g). Summoning grand jurors, see rule 6 (a).

§ 3322. Number; summoning-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Summoning grand jury; number of grand jurors, Rule 6 (a).

(June 25, 1948, ch. 645, § 1, 62 Stat. 829.)

§ 3323. Objections and motions-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Challenging array of grand jurors or individual grand jurors; motions to dismiss, Rule 6 (b). (June 25, 1948, ch. 645, § 1, 62 Stat. 829.)

§ 3324. Foreman and deputies; powers and duties; records (rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Appointment of grand jury foreman and deputy foreman; oaths, affirmations and indictments; records of jurors concurring, Rule 6 (c).

(June 25, 1948, ch. 645, § 1, 62 Stat. 829.)

§ 3325. Persons present at proceedings-(rule). SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Persons who may be present while grand jury is in session; exclusion while jury is deliberating or voting, Rule 6 (d).

(June 25, 1948, ch. 645, § 1, 62 Stat. 829.)

FEDERAL RULES OF CRIMINAL PROCEDURE

Subpena for attendance of witness, see rule 17, following section 3771 of this title.

§ 3326. Secrecy of proceedings and disclosure—(rule). SEE FEDERAL RULES OF CRIMINAL PROCEDURE Disclosure of proceedings to government attorneys; disclosure by direction of court or permission of defendant; secrecy of indictment, Rule (e).

(June 25, 1948, ch. 645, § 1, 62 Stat. 829.)

CROSS REFERENCES

Conduct of grand jury proceedings, see section 310 of Title 5, Executive Departments and Government Officers and Employees.

§ 3327. Indictment; finding and return—(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Concurrence of twelve or more jurors in indictment; return of indictment to judge in open court, Rule 6 (f). (June 25, 1948, ch. 645, § 1, 62 Stat. 830.)

§ 3328. Discharging jury and excusing juror-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Discharge of grand jury by court; limitation of service; excusing juror for cause, Rule 6 (g).

(June 25, 1948, ch. 645, § 1, 62 Stat. 830.)

Chapter 217.-INDICTMENT AND INFORMATION Sec.

3361. Form and contents-Rule. 3362.

Waiver of indictment and prosecution on information-Rule.

3363. Joinder of offenses-Rule. 3364.

Joinder of defendants-Rule. 3365. Amendment of information-Rule. 3366. Bill of particulars-Rule. 3367. Dismissal-Rule.

§ 3361. Form and contents-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Contents and form; striking surplusage, Rule 7 (a), (c), (d).

(June 25, 1948, ch. 645, § 1, 62 Stat. 830.)

§ 3362. Waiver of indictment and prosecution on information-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Waiver of indictment for offenses not punishable by death, Rule 7 (b).

(June 25, 1948, ch. 645, § 1, 62 Stat. 830.)

§ 3363. Joinder of offenses-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Joinder of two or more offenses in same indictment, Rule 8 (a).

Trial together of indictments or informations, Rule 13.

(June 25, 1948, ch. 645, § 1, 62 Stat. 830.)

§ 3364. Joinder of defendants—(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Joinder of two or more defendants charged in same indictment, Rule 8 (b).

Relief from prejudicial joinder, Rule 14. (June 25, 1948, ch. 645, § 1, 62 Stat. 830.)

§ 3365. Amendment of information-(rule). SEE FEDERAL RULES OF CRIMINAL PROCEDURE Amendment of information, time and conditions, Rule 7 (e).

(June 25, 1948, ch. 645, § 1, 62 Stat. 830.)

§ 3366. Bill of particulars-(rule).

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Bill of particulars for cause; motion after arraignment; time; amendment, Rule 7 (f).

(June 25, 1948, ch. 645, § 1, 62 Stat. 830.)

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