Skip to content

Volume 48 · 649

Public Law 73–170

Regulating procedure in criminal cases in the courts of the United States.

Approved April 30, 1934

Statutory text

AN ACT

Regulating procedure in criminal cases in the courts of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That no plea to abate nor motion to quash any indictment upon the ground of irregularity in the drawing or impaneling of the grand jury or upon the ground of disqualification of a grand juror shall be sustained or granted unless such plea or motion shall have been filed before, or within ten days after, the defendant filing such plea or motion is presented for arraignment; and from the time such plea or motion is filed and until the termination of the first term of said court beginning subsequent to the final judgment on such plea or motion and during which a grand jury thereof shall be in session, no statute of

Running of statute of limitations barred.

limitations shall operate to bar another indictment of any defendant filing such plea or motion, or of any other defendant or defendants included in the indictment to which such plea or motion is directed, for the offense or offenses therein charged.

Sec. 2.

No plea to abate nor motion to quash any indictment, upon

Disqualification of jurors as grounds for invalidating indictment.

the ground that one or more unqualified persons served upon the grand jury finding such indictment, shall be sustained if it appears that twelve or more jurors, after deducting the number so disqualified, concurred in the finding of said indictment: Provided, however,

Proviso.

Confidential character of juror’s vote.

That no juror shall be permitted to testify, in this connection, as to whether he or any other individual juror voted for or against the finding of such indictment, but it shall be the duty of the foreman of

Record of foreman.

each grand jury to keep a record of the number of grand jurors concurring in the finding of any indictment and to file such record with the clerk of the court at the time the indictment is returned. Such record shall not be made public except on order of the court.

Sec. 3.

That this Act shall be applicable to the district courts of

Applicability of Act.

the United States, including the district courts of Alaska, Hawaii, Puerto Rico, and the Virgin Islands, and to the Supreme Court of the District of Columbia.

Approved, April 30, 1934.

Parsed from the official Statutes at Large USLM XML in 48.xml