discharged. will be fully protected by proceeding with the trial or by a postponement thereof to a later day with the same or another In case jury jury. In case a jury shall be discharged from further consideration of a case under this section, the accused shall not be deemed to have been in jeopardy. No action of the court in refusing a continuance or postponement under this section shall be reviewable except after motion to and refusal by the trial court to grant a new trial therefor and no writ of error or other appeal based upon such action of the court shall be sustained, nor reversal had, unless from consideration of the whole proceedings, the reviewing court shall find that the accused was prejudiced in his defense or that a failure of justice resulted. When issue joined. Inter rogatories, settlement of. When witnesses examined in behalf of defendant. Trial without delay. Criminal cases take precedence. Adjournments, etc. Proviso. SEC. 77. When an issue of fact shall be joined upon any indictment, the court in which the same is pending may, on application of the defendant, grant a commission to examine any material witnesses residing out of this state, in the same manner as in civil cases. SEC. 78. Interrogatories to be annexed to such commission shall be settled and such commission shall be issued, executed and returned in the manner prescribed by law in respect to commissions in civil cases, and the deposition taken thereon and returned shall be read in the same cases, and with like effect in all respects, as in civil suits. SEC. 79. After an indictment shall be found against any defendant, he may have witnesses examined in his behalf conditionally on the order of a judge of the court in which the indictment is pending, in the same cases upon the like notice to the prosecuting attorney, and with like effect in all respects as in civil suits. CHAPTER VIII. Trials. SECTION 1. The people of this state and persons charged with crime are entitled to and shall have a speedy trial and determination of all prosecutions and it is hereby made the duty of all public officers having duties to perform in any criminal case, to bring such case to a final determination without delay except as may be necessary to secure to the accused a fair and impartial trial. SEC. 2. The trial of criminal cases shall take precedence over all other cases; but this provision shall not be interpreted to mean that trials of civil cases shall not be interspersed between trials of criminal cases triable before a jury at any term of court. No adjournments, continuances or delays of criminal causes shall be granted by any court except for good cause shown in the manner provided by law for adjournments, continuances and delays in the trial of civil causes in courts of record: Provided, That no court shall adjourn, continue or delay the trial of any criminal cause by the consent of the prosecution and accused unless in his discretion it shall clearly appear by a sufficient showing to said court to be entered upon the record, that the reasons for such consent are founded upon strict necessity and that the trial of said cause cannot be then had without a manifest injustice being done. etc. acquitted. SEC. 3. No person indicted for a felony shall be tried Felony, unless personally present during the trial; persons indicted or complained against for misdemeanors may, at their own request, through an attorney, duly authorized for that purpose, by leave of the court, be put on trial in their absence. SEC. 4. If, upon the trial of any person for a misdemeanor, When not the facts given in evidence amount in law to a felony, he shall not by reason thereof, be entitled to an acquittal of such misdemeanor, and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for felony on the same facts, unless the court before which the trial shall be had, shall discharge the jury from giving any verdict upon such trial, and shall direct such person to be indicted for felony. SEC. 5. When two or more defendants shall be jointly in- Joint dedicted for any criminal offense, they shall be tried separately how tried. or jointly, in the discretion of the court. fendants, committed prison. SEC. 6. Any person now or hereafter confined in any Crime penal or reformatory institution in this state, and who during while conthe term of such confinement shall commit any crime or of- fined in fense punishable under the laws of this state by imprisonment in such institution, shall be subject to the same punishment as if the crime had been committed at any other place or by a person not so confined. SEC. 7. The circuit court of the county in which the prison Jurisdiction, or institution named in the preceding section is, shall have who to have. jurisdiction over cases arising under the foregoing section, and the proceedings thereto pertaining shall in all ways conform to the law and rules in cases of like offenses occurring elsewhere, except that the examination may be held in one of the offices of the penal institutions where the crime is committed, at the option of the magistrate before whom the complaint may be made, and that the warrant shall be made in the ordinary form, shall be directed to the warden or keeper of such institution, and shall set forth that the accused is imprisoned in such institution under and by authority of the laws of the state of Michigan; and further, that the person so confined shall remain in the custody of such warden or keeper subject to the order of the circuit court of the county in which such institution is located. All jurors' fees, witness Fees, fees and fees of attorneys appointed by the court under the approval of. statute, for the defendant, shall be approved by the circuit judge and audited and allowed by the board of state auditors and paid by the state treasurer upon the warrant of the auditor general. The provisions of this and the preceding section shall apply to persons who are temporarily outside the limits of the institutions named in such sections, except Issues of fact, trial of. Proviso. Further proviso. When grand juror not those prisoners who have received a parole by due process of law and are at liberty under the terms of such parole. SEC. 8. Issues of fact joined upon any indictment shall be tried by a jury drawn, returned, examined on voir dire and empaneled in the manner provided by law for the trial of issues of fact in civil cases: Provided, That nothing in this act shall change any of the provisions of statutes now in force providing special methods of drawing, returning, empaneling and examining jurors in courts where such provision is made by any general, special or local act: Provided further, That the accused may waive any trial by jury in the manner set forth by the provisions of this act. SEC. 9. No member of the grand jury which has found an put on trial indictment shall be put upon the jury for the trial of such jury. indictment, if challenged for that cause by the defendant. Insufficient ground of challenge. Proviso. Further proviso. Who not allowed to serve. Peremptory challenges. Capital offenses. SEC. 10. The previous formation or expression of opinion or impression, not positive in its character, in reference to the circumstances upon which any criminal prosecution is based, or in reference to the guilt or innocence of the prisoner, or a present opinion or impression in reference thereto, such opinion or impression not being positive in its character, or not being based on personal knowledge of the facts in the case, shall not be a sufficient ground of challenge for principal cause, to any person who is otherwise legally qualified to serve as a juror upon the trial of such action: Provided, That the person proposed as a juror, who may have formed or expressed, or has such opinion or impression as aforesaid, shall declare on oath, that he verily believes that he can render an impartial verdict according to the evidence submitted to the jury on such trial: Provided further, That the court shall be satisfied that the person so proposed as a juror does not entertain such a present opinion as would influence his verdict as a juror. SEC. 11. No person whose opinions are such as to preclude him from finding any defendant guilty of an offense punishable with death, shall be compelled or allowed to serve as a juror on the trial of any indictment for such an offense. SEC. 12. Any person who is put on trial for an offense which is not punishable by death or life imprisonment shall be allowed to challenge peremptorily five of the persons drawn to serve as jurors and no more; and the prosecuting officers on behalf of the people shall be allowed to challenge peremptorily in such cases five of such jurors and no more. In cases involving two or more defendants who are being jointly tried for such an offense, each of said defendants shall be allowed to challenge peremptorily five persons returned as jurors and no more; and the prosecuting officers on behalf of the people shall be allowed to challenge peremptorily as many times five of the persons returned as jurors as there may be defendants being so jointly tried. SEC. 13. Any person who is put on trial for an offense punishable by death or imprisonment for life, shall be allowed to challenge peremptorily twenty of the persons drawn to serve as jurors, and no more; and the prosecuting officers on behalf of the people shall be allowed to challenge peremptorily fifteen of such persons, and no more. In cases involving two or more defendants, who are being jointly tried for such an offense, each of said defendants shall be allowed to challenge peremptorily twenty persons returned as jurors, and no more; and the prosecuting officers on behalf of the people shall be allowed to challenge peremptorily as many times fifteen of the persons returned as jurors as there may be defendants being so jointly tried. jurors. SEC. 14. The following oath shall be administered to the Oath of jurors for the trial of all criminal cases: "You shall well and truly try, and true deliverance make, between the people of this state and the prisoner at bar, whom you shall have in charge, according to the evidence and the laws of this state; so help you God." tion. of jurors. SEC. 15. Any juror shall be allowed to make affirmation, Substitusubstituting the words "This you do under the pains and penalties of perjury" instead of the words "so help you God." SEC. 16. The jurors sworn to try a criminal action in any Separation court of record in this state, may, at any time before the cause is submitted to the jury, in the discretion of the court, be permitted to separate or to be kept in charge of proper officers. When an order shall have been entered by the court in which such action is being tried, directing said jurors to be kept in charge of such officers, the following oath shall be administered by the clerk of the court to said officers: "You do solemnly swear that you will, to the utmost of your ability, keep the persons sworn as jurors on this trial from separating from each other; that you will not suffer any communication to be made to them, or any of them, orally or otherwise; that you will not communicate with them, or any of them, orally or otherwise, except by the order of this court, or to ask them if they have agreed on their verdict, until they shall be discharged; and that you will not, before they render their verdict, communicate to any person the state of their deliberations or the verdict they have agreed upon, so help you God." And thereafter it shall be the duty of the officer so sworn to keep the jury from separating, or from receiving any communication of any character, until they shall have rendered their verdict, except under a special instruction in writing from the trial judge. After the jurors retire to consider their verdict, the court may permit the jurors to separate temporarily, whenever in his judgment such a separation is deemed proper: Provided, That in cases where separation of the mem. Proviso. bers of a jury is now forbidden by law, the authority hereby granted shall not extend to permitting separation of the members of the jury of the same sex. attendance SEC. 17. The trial judge may order, in case of illness of Medical any jurors mentioned in the preceding section, that such of juror. juror may receive medical attendance, and may be removed When jury of 14 impaneled. Perjury, who Notice of intention to Filing of. to his home or some other place agreeable to the judge during the continuance of his illness; and that any of the jurors may receive such newspapers and letters as make no mention of the trial then in progress, or of any facts connected therewith, which shall first be inspected by the said judge. SEC. 18. Any judge of a court of record in this state about to try a criminal case which is likely to be protracted, may order a jury empaneled of not to exceed fourteen members, who shall have the same qualifications and shall be empaneled in the same manner as is, or may be, provided by law for empaneling juries in such courts. All of said jurors shall sit and hear said cause. Should any condition arise during the trial of said cause which in the opinion of the trial court justifies the excusal of any of the jurors so empaneled from further service, he may do so and said trial shall proceed, unless the number of said jurors be reduced to less than twelve, and in the event that there shall be more than twelve jurors left on said jury after the charge of the court, the clerk of the court in the presence of said court shall place the names of all of the said jurors on slips, folded so as to conceal the names thereon, in a suitable box provided for that purpose, and shall draw therefrom the names of a sufficient number to reduce the jury to twelve members who shall then proceed to determine the issue presented in the manner provided by law. SEC. 19. Any officer having taken an oath required by any provision of this chapter who shall knowingly and wilfully violate the same or permit the same to be violated, shall, on conviction thereof, be adjudged guilty of the crime of perjury and subject to all the pains and penalties thereof. SEC. 20. Whenever a defendant in a criminal case not claim alibi. cognizable by a justice of the peace shall propose to offer in his defense testimony to establish an alibi on behalf of the defendant, or of the insanity of such defendant either at the time of the alleged offense or at the time of trial, such defendant shall not less than four days before the trial of such cause file and serve upon the prosecuting attorney in such cause a notice in writing of his intention to claim such defense and in cases of a claimed alibi such notice shall include specific information as to the place at which the accused claims to have been at the time of the alleged offense. Failure to file. Rules of evidence governing. Exceptions. SEC. 21. In the event of the failure of a defendant to file the written notice prescribed in the preceding section, the court may in its discretion exclude evidence offered by such defendant for the purpose of establishing an alibi or the insanity of such defendant as set forth in the preceding section. SEC. 22. The rules of evidence in civil actions, in so far as the same are applicable, shall govern in all criminal and quasi criminal proceedings except as otherwise provided by law. SEC. 23. It shall not be necessary in the trial of any criminal cause to except to any ruling or action of the court, if |