18 U.S.C. § 3435 — Receiver of stolen property triable before

Page 768 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3431 Sec. 3434. Presence of defendant—Rule. 3435. Receiver of stolen property triable before or after principal. 3436. Consolidation of indictments or informa- tions—Rule. 3437. Severance—Rule. 3438. Pleas—Rule. 3439. Demurrers and special pleas in bar or abate- ment abolished; relief on motion—Rule. 3440. Defenses and objections determined on mo- tion—Rule. 3441. Jury; number of jurors; waiver—Rule. 3442. Jurors, examination, peremptory challenges; alternates—Rule. 3443. Instructions to jury—Rule. 3444. Disability of judge—Rule. 3445. Motion for judgment of acquittal—Rule. 3446. New trial—Rule. § 3431. Term of court; power of court unaffected by expiration—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Expiration of term without significance in criminal cases, Rule 45(c). (June 25, 1948, ch. 645, 62 Stat. 831.) Editorial Notes REFERENCES IN TEXT Rule 45(c) of the Federal Rules of Criminal Proce- dure, referred to in text, was rescinded Feb. 28, 1966, eff. July 1, 1966. § 3432. Indictment and list of jurors and wit- nesses for prisoner in capital cases A person charged with treason or other capital offense shall at least three entire days before commencement of trial, excluding intermediate weekends and holidays, be furnished with a copy of the indictment and a list of the veniremen, and of the witnesses to be produced on the trial for proving the indictment, stating the place of abode of each venireman and witness, except that such list of the veniremen and witnesses need not be furnished if the court finds by a pre- ponderance of the evidence that providing the list may jeopardize the life or safety of any per- son. (June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 103–322, title VI, § 60025, Sept. 13, 1994, 108 Stat. 1982; Pub. L. 111–16, § 3(10), May 7, 2009, 123 Stat. 1608.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 562 (R.S. § 1033). Words ‘‘or other capital offense’’ inserted after ‘‘trea- son’’ and ‘‘jurors’’ substituted for ‘‘jury’’. The con- cluding sentence ‘‘When any person is indicted for any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial’’ was omit- ted. The change made by the revisers, permitting an additional day’s preparation for trial in homicide, kid- napping, rape, and other capital cases seemed not un- reasonable. Words ‘‘shall be delivered to him’’, at end of section, were omitted as unnecessary. Rule 10 of the Federal Rules of Criminal Procedure requires that the defendant in every case be given a copy of the indictment or information before he is called upon to plead. Thus there is no conflict between the rule and the revised section. Minor changes in phraseology were made. Editorial Notes AMENDMENTS 2009—Pub. L. 111–16 inserted ‘‘, excluding inter- mediate weekends and holidays,’’ after ‘‘commence- ment of trial’’. 1994—Pub. L. 103–322 inserted before period at end ‘‘, except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponder- ance of the evidence that providing the list may jeop- ardize the life or safety of any person’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. § 3433. Arraignment—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Reading and furnishing copy of indictment to ac- cused, Rule 10. (June 25, 1948, ch. 645, 62 Stat. 831.) § 3434. Presence of defendant—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Right of defendant to be present generally; corpora- tion; waiver, Rule 43. (June 25, 1948, ch. 645, 62 Stat. 831.) § 3435. Receiver of stolen property triable before or after principal A person charged with receiving or concealing stolen property may be tried either before or after the trial of the principal offender. (June 25, 1948, ch. 645, 62 Stat. 831.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 101, 467 (Mar. 4, 1909, ch. 321, §§ 48, 288, 35 Stat. 1098, 1145). Other provisions of sections 101 and 467 of title 18, U.S.C., 1940 ed., were incorporated in sections 641 and 662 of this title. Necessary changes were made in phraseology. § 3436. Consolidation of indictments or informa- tions—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Two or more indictments or informations triable to- gether, Rule 13. (June 25, 1948, ch. 645, 62 Stat. 832.) § 3437. Severance—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Relief from prejudicial joinder of defendants or of- fenses, Rule 14. (June 25, 1948, ch. 645, 62 Stat. 832.) § 3438. Pleas—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Plea of guilty, not guilty, or nolo contendere; accept- ance by court; refusal to plead; corporation failing to appear, Rule 11. Withdrawal of plea of guilty, Rule 32. (June 25, 1948, ch. 645, 62 Stat. 832.)