3. A plea of a former judgment of conviction or acquitta. O crime charged, which may be pleaded either with or without plea of not guilty.

A conviction shall not be had upon a plea of guilty where crime charged is or may be punishable by death.

333. Plea, how put in. Every plea must be oral, and must entered upon the minutes of the court.

§ 334. Its form. The plea must be entered in substantially t following form:

1. If the defendant plead guilty to the crime charged in the i dictment, "the defendant pleads that he is guilty;"

2. If he plead guilty to any lesser crime than that charged in th indictment, the defendant pleads guilty to the crime of [naming it].

3. If he plead not guilty, "the defendant pleads not guilty." 4. If he plead a former conviction or acquittal: "the defendant pleads, that he has already been convicted [or acquitted as the case may be], of the crime charged in this indictment, by the judgment of the court of [naming it], rendered at - [naming day of

dictment and the proof, or the indictment were dismissed upon an objection to its form or substance, without a judgment of acquittal, it is not deemed an acquittal of the same offense.

§ 341. Same. When, however, the defendant was acquitted on the merits, he is deemed acquitted of the same offense, notwithstanding a defect in form or substance, in the indictment on which he was acquitted

§ 342. If defendant refuse to answer indictment, plea of not guilty to be entered. If the defendant refuse to answer an indictment, by demurrer or plea, a plea of not guilty must be entered.

CHAPTER VIII.

REMOVAL OF THE ACTION BEFORE TRIAL.

SECTION 343. Existing writs and proceedings, to remove indictment before trial abolished.

344. When, and in what cases indictment may be removed before trial. 345. If former trial were had, indictment may be removed before the

new trial.

346. Application for removal, how made.

, how obtained, to enable defendant to apply for removal. Decision on

347. Stay of triallication for stay, to be indorsed on papers and filed.

348.

349. If application for stay be denied, no other application can be made. 350. Violation of last section, a misdemeanor and contempt, and order of removal to be vacated.

351. Order of removal to be filed, and pleadings and proceedings to be transmitted.

352. Proceedings on removal, if defendant be in custody.

353. Order for removal must be filed, before a juror is sworn. Authority of the court to which indictment is removed.

§ 343. Existing writs and proceedings, to remove indictment before trial abolished. All writs and other proceedings heretofore existing, for the removal, upon the application of the defendant, of criminal actions prosecuted by indictment, from one court to another before trial, are abolished.

§ 344. When, and in what cases, indictment may be removed before trial. A criminal action, prosecuted by indictment, may, at any time before trial, on the application of the defendant, be removed from the court in which it is pending, as provided in this chapter, in the following cases :

1. From a county court or a city court to a term of the supreme court held in the same county, for good cause shown;

2. From the supreme court or a county court, or a city cour a term of the supreme court held in another county, on the gro that a fair and impartial trial can not be had in the county or where the indictment is pending.

345. If former trial were had, indictment may be remo before the new trial. If one or more trials be had, and a new t is necessary, either by reason of the discharge of a jury withou verdict, or of the granting of a new trial, the removal may be lowed at any time before the new trial.

§ 346. Application for removal, how made. The applicati for the order of removal must be made to the supreme court, at special term in the district, upon notice of at least ten days to th district attorney of the county where the indictment is pending, wit a copy of the affidavits or other papers on which the application founded.

347. Stay of trial how obtained, to enable defendant t apply for removal. To enable the defendant to make the applica tion, a judge of the supreme court may, in his discretion, upon good cause shown by affidavit, make an order staying the trial of the indictment, until the application can be made and decided.

2. Upon a plea of a former conviction or acquittal of the same crime.

355. How tried. An issue of fact must be tried by a jury of the county in which the indictment was found, unless the action be removed, by order of the supreme court, into another county, as provided in the second subdivision of section 344.

3 R. S. 1028, § 1.

§356. Appearance. If the indictment be for a misdemeanor, the trial may be had in the absence of the defendant, if he appear by counsel; but if the indictment be for a felony, the defendant must be personally present.

Id. 18.

357. Preparation for trial. After his plea, the defendant is entitled to at least two days to prepare for his trial, if he require it.

CHAPTER II.

FORMATION OF THE TRIAL JURY.

SECTION 358. Jurors in criminal courts.

§ 358. Jurors in criminal courts. The trial jury is formed, as prescribed by the Code of Civil Procedure.

CHAPTER III.

CHALLENGING THE JURY.

SECTION 359. Definition and division of challenges.

360. When there are several defendants, they must unite in their challenges.

361. Challenge to the panel, defined.

362. Upon what founded.

364. If sufficiency of the facts be denied, adverse party may except. Exception, how made and tried.

365. If exception overrule 1, court may allow denial of challenge. If allowed, may permit challenge to be amended.

366. Denial of challenge, h w made, and trial thereof.

367. Who may be examine on trial of challenge.

368. If challenge ailowed, iry to be discharged. If disallowed, jury to be impaneled.