468

THE GREEN BAG

have, he is forthwith delivered over to a specified fine and imprisonment. The jury being finally selected and qualified, the judge " shall take from them the follow ing oath: Do you swear that you will dis charge the functions of a juror without hatred or fear, and decide, according as you estimate in your conscience and in your intimate conviction, the charges and the means of defense, acting in all with impar tiality and firmness?" Each one of the jurors, called individually by the judge, shall answer in clear and intelligible voice, "Yes, I swear." When the hearing of the case is begun, the following order shall be generally observed: (i) The conclusions of the Ministerio Publico shall be read. (2) The con clusions of the defense shall be read. (3) The accused shall be exhorted to testify the truth, he being made to see the advantages which may result to him thereby. He shall then be interrogated about the facts which are the cause of his being before the court; if he speaks falsely that fact may be pointed out to him, and he may be even confronted with the proofs in the record (of the in struction) which may contradict what he says; and such parts of the record may be read to him as are thought material. (4) The evidence in the record establishing the corpus delecti shall then be read, together with such other parts of the record as the judge may deem necessary. (5) The exami nation of witnesses and experts will then proceed, beginning with those for the prose cution and ending with those for the defense. Either party may request the reading of any part of the record, at any time he deems opportune; and either party may put ques tions, through the judge, or directly, with his consent, to the accused and to the wit nesses and experts, making any objections which are deemed proper. The careos between the accused and the witnesses, or between witness and witness, may be had at any time that the judge

thinks convenient, or when the parties request; and the " parties faced " may inter rogate each other and make to each other all the charges and recriminations whichthey may deem desirable, which may be interrupted by no one except the judge. The judge shall be invested with all neces sary faculties, during the trial or at any opportune time, to make the truth of the facts appear: the law leaves to his honor and conscience the employment of the means to be used to ascertain the truth. The jurors themselves may, by the leave of the judge, or through him, interrogate the witnesses and accused, putting to them such questions as they deem material to enlighten their conscience, but carefully avoiding that their opinion may be known. Upon the conclusion of the reading of the record of instruction and the exami nation of the witnesses and experts, the Ministerio Publico shall verbally state his conclusions, which conclusions shall be the same as previously formulated in the process, and they shall not be withdrawn, modified, or added to, except for good cause in the discretion of the judge, pre viously passed on by him before argument is begun. The defender shall then be heard with his defense, subject entirely to the same rules as those just prescribed for the prosecution, except that he may freely withdraw any of his conclusions, but he may not change them nor add new ones except on the conditions above indicated. The Ministerio Publico may reply as many times as he pleases, in which event the same defender or another may answer him; but the defense shall always have the right to speak last. When the parties shall have finished speaking, the judge shall ask the accused, if he be present, if he wishes to speak, and if he shall so wish, the right shall be granted him. In this event, the accused may speak with all freedom, without other limitation than that he shall not attack the law, morals, or the authorities, or malign any