Imagens das páginas
PDF
ePub

ARTICLE

ARTICLE 1409. Refusing to disperse may be arrested.

1414. Order for troops to aid civil officer in suppressing 1410. Refusing to aid officer, a misdemeanor.

unlawful assembly, by whom made. 1411, Officer neglecting to act in quelling riot, a mis- 1415. Order to be obeyed. demeanor.

1416. Governor may declare county in state of insur1412. Officer may command aid.

rection; revocation of such proclamation. 1413. Armed force, by whose orders to act.

1417. Resisting authorities after such proclamation;

punishment. III.-PROCEEDINGS FOR REMOVAL OF PUBLIC OFFICERS. 1418. What officers subject to impeachment; impeach- | 1424. Proceedings against district, county and townment, how tried.

ship officers. 1419. Proceedings to impeach.

1425. Trial to be by jury; attendance of witnesses. 1420. Two-thirds necessary to convict.

1426. Judgment. 1421. Judgment.

1427. Appeal. 14:22. Officer suspended by articles of impeachment. 1428. Proceedings against district attorney. 1423. When lieutenant-governor is impeached; indict

ment not barred by impeachment.

IV.-PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY INDIOTMENT.

1. Local Jurisdiction. 1429. All persons committing offense within the limits | 1434. Offense committed on board vessel. of the state, amenable to its laws.

1435. Abduction or kidnapping, where cognizable. 1430. Offense commenced out of the state and completed 1436. Bigamy or incest, where cognizable. within it.

1437. Where property is stolen in one county and car1431. Death, by duelling, out of the state.

ried into another, where offense triable. 1452. Offense committed part in one county and part 1438. Accessory, where triable. in another, where cognizable.

1439. Trial in another state to bar indictment in cer1433. Offense committed on boundary of two counties, tain cases; when 'trial in one county to bar where cognizable.

prosecution in another.

2. Limitation of Criminal Actions. 1440. Murder, no limitation to prosecution.

1443. Time of absence of defendant from state, not 141. Any other felony to be indicted within three reckoned. Fears.

1444. Indictmeut, when deemed to be found. 1442. Misdemeanor to be indicted within one year.

3. The Complaint, and Proceedings to the Commitment, inclusive. 1445. Complaint, defined.

1467. Officer to state his authority, etc. 1446. Magistrate, defined; who are magistrates. 1468. By bystander. 1447. Magistrate to examine complainant on oath. 1469. When offense is committed in presence of a magis1448. Deposition, what to set forth; warrant of arrest, trate. when to be issued.

1470. When private person may make; to state cause. 1418. Forn of warrant.

1471. When may break open doors, etc. 1450. Nane of defendant, how stated; date and signa- 1472. Duty after making the arrest.

ture of warrant; warrant to be executed by a 1473. Recapture.

peace officer; peace officers enumerated. 1474. Proceedings after arrest. 1451. Warrant, to whom directed; warrant to be exe- 1475. Time to procure counsel. cated in another county, how indorsed.

1476. Examination. 1452. Proceedings on arrest for felony.

1477. Examination, commitment for. 1453. Proceedings to arrest for misdemeanor.

1478. Form of commitment. 1454. Bail to be certified on warrant.

1479. Depositions of witnesses to be read; subpenas; 1456. Defendant, when to be taken before magistrate.

how witnesses to be examined. 1456. When defendant is brought before magistrate 1480. Defendant to be informed of his right to make a other than the one who issued the warrant.

statement. 1457. Proceedings on complaint for offense triable in 1481. Waiver of such right. another county.

1482. Proceedings when defendant chooses to make a 1458. Duty of officer; same.

statement; questions to be asked him. 1459. Arrest, defined.

1483. Statement must be reduced to writing and au1460). By whom to be made; who required to aid in.

thenticated; form of authentication, 1461. At what time to be made.

1484. Witnesses of defendant, when examined; may be 1462. Arrest, how made; unnecessary restraint forbid- kept separated; not to be present at the exam

den; officer to state his authority, etc; when ination of defendant.
defendant dies or resists.

1485. May be conducted with closed doors. 1463. Power of officers,

1486. When defendant to be discharged; form of dis1464. When may be made withont a warrant.

charge. 1465. May break open doors, etc.

1487. Order to hold defendant to answer, when; form 1466. At night.

of order.

ARTICLE

ARTICLE 1488. Form of order when offense not bailable. 1493. Witness unable to give security for appearance, 1489. Form of, when offense bailable; same.

to be examined; examination; not to apply to 1490. Commitment; form of.

prosecutor or accomplice. 1491. Witnesses to be recognized to appear. 1494. Magistrate to make return of proceedings to the 1492. Failing to recognize, shall be committed.

court. 4. Proceedings after commitment and before Indictment. Preliminary Proceedings

Grand jury, powers and duties of 1495. Offenses to be prosecuted by indictment. 1513. Must inquire into all public offenses; indictment, 1496. Offenses to be prosecuted by accusation.

defined; presentment, defined; oath to witness. 1497. In what court certain accusations and indict-1514. Evidence to be received. ments must be found.

1515. For defendant. Grand jury, formation of

1516. Indictment, when to be found. 1498. How prescribed; challenge to grand jury. 1517. Information by member of the jury. 1499. To the panel.

1518. Inquiries to be made by grand jury. 1500. To the polls.

1519. To have free access to prisons, records, etc. 1501. How made and tried; decision on.

1520. Advice to grand jury; who allowed to be present 1502. Effect of challenge to the panel.

with grand jury, 1503. Effect of challenge to the polls; violation, a con- 1521. Proceedings to be kept secret. tempt.

1522. When grand juror may be examined as a witness. 1504. Objection to jury can only be by challenge. 1523. Grand juror not to be questioned relative to any 1505. Foreman of grand jury.

acts or votes. 1506. Oath of foreman; of others.

Presentment and proceedings1507. Charge to grand jury.

1524. Presentment, how found; same. 1508. Sittings, how held; discharge, when.

1525. Not to be disclosed; disclosure, how punished. 1509. When another grand jury may be summoned. 1526. Bench warrant, when to issue. 1510. Order for summoning another grand jury; duty 1527. Form of. of sheriff.

1528. How executed. 1511. Grand jury, how drawn.

1529. Proceedings on arrest. 1512. And trial juries how formed.

5. The Indictment. Finding and form of indictment

1555. Defendant failing to appear; warrant for arrest. 1530. Indictment how found.

1556. Form of. 1531. Dismissal of charge, when; effect of dismissal. 1557. Proceedings on arrest; form of warrant, when 1532. Witnesses to be indorsed on indictment.

offensé not capital. 1533. Indictment to be presented to the court; indict- 1558. Warrant, how served.

ment against defendant not in custody; plead- 1559. Bail in another county.

ings, form of; indictment; what to contain. 1560. Defendant may be ordered into custody for fur1534. Form of.

ther bail ; defendant to be committed. 1535. Same.

1561. Counsel for defendant. 1636. Error in name of defendant.

1562. Arraignment, how made. 1537. Indictment to charge only one offense; manner 1563. Defendant must declare his true name; if he give of stating the time of the offense.

no other name; name to be entered on minutes. 1538. When erroneous allegation not material. 1564. Time to answer. 1539. Construction of indictment.

1565. Defendant may answer, demur or plead. 1540. Words of statute need not be strictly followed. Setting aside the indictment-1541. Indictment, when sufficient.

1566. When indictment will be set aside. 1542. Matters of form not to vitiate; what need not be 1567. Motion not made, objections cannot be urged; stated.

hearing of motion. 1543. Judgment, etc. how pleaded.

1568. Motion denied, defendant to answer, etc. 1544. Private statute, how pleaded.

1569. Motion granted, defendant to be discharged. 1545. Indictment for libel, what to set forth.

1570. Case resubmitted, proceedings. 1546. Misdescription of forged instrument, when im- 1571. Order for discharge, when. material.

1572. Indictment set aside, no bar to future prosecu1547. Perjury, indictment for, what to set forth.

tion. 1648. Indictment against several defendants.

Demurrer1549. No distinction between principal and accessory, 1573. Pleadings by defendant; demurrer and plea, etc.

when to be put in. 1550. Accessory after the fact, when indicted. 1574. Demurrer, for what cause. 1551. Compounding offense, indictment for.

1575. Form of, and what to specify; hearing of. Arraignment of defendant

1576. Judgment on demurrer. 1552. When defendant to be arraigned.

1577. Effect of allowance of demurrer. 1553. When defendant must appear personally, 1578. Case not resubmitted, effect of. 1554. How arraigned.

| 1579. Case resubmitted, proceeding.

on.

ARTICLE

ARTICLE 1580. Effect of disallowing demarrer.

1599. Time to prepare for trial. 1581. Objections to indictment, how to be taken advan- 1600. Postponement of trial. tage of.

Challenging the jury-
Pleas-

1601. Challenge, defined; by several defendants. 1582. Kinds of pleas.

1602. Panel, defined; to the panel, defined; to the pan1583. Plea to be oral, ete; entry of plea, form of.

el, on what founded. 1534. Plea of guilty, how to be put in; may be with 1603. When and how to be taken; exception to; trial of. drawn.

1604. Exception may be withdrawn; amendment of 1586. Plea of not guilty, effect of; evidenco under plea challenge. of not guilty.

1605. Denial and trial of; witnesses, and trial of. 1586. Former acquittal, what deemed; effect of a former 1606. On account of bias in officer summoning. conviction or acquittal.

1607. Effect of allowing. 1587. Defendant standing mute, plea of not guilty to 1608. Challenge to the poll; court to inform defendant be entered.

when to be taken; kinds of. Remoral to district court

1609. When to be taken; peremptory, how taken. 1588. Indictments to be transferred to district court. 1610. Number of. 1589. Proceedings thereon in district court.

1611. For cause. Removal to other county,

1612. General causes of. 1590. When criminal action may be removed to another 1613. Particular causes of. county.

1614. Challenge for implied bias; causes of. 1591. Application, how made.

1615. Exemption from service on jury, not cause of 1592. When and to what court order to be made.

challenge. 1923. Order to be entered on minutes, and copy of rec- 1616. How taken; exception to, and proceedings there

ord, etc. to be transmitted; order to direct re-
moval of defendant.

1017. Trial of; triers, who to be; oath of triers. 1584. Proceedings after removal.

1618. Juror challenged, may be examined as a witness; Proceedings on indictment before trial

other testimony. 1536. Issue of fact, when it arises; how tried. 1619. Court to determine the law and the facts. 13. Appearance of defendant on trial.

1620. Instructions to triers. 197. Jary trial, formation of; docket of actions, how 1621. Decision of triers final; order of taking chalkept.

lenges; final peremptory challenge, when al188. Issues on docket, how disposed of.

lowed.

6. Trial. 162. Order of trial; when order prescribed may be | 1643. No person allowed to speak to the jury. departed from.

1644. Juror must disclose his knowledge of the contro163. Coansel, number; innocence presumed; reason- versy in open court; juror having knowledge able doubt of guilt, to acquit.

of fact must be sworn as a witness. 1er. Degrees of guilt.

1645. Jury, how to be kept. 16. When defendants may be tried separately. 1646. To be admonished on each adjournment; in case 108. When tefendant may turn state's evidence.

juror becomes sick. 1627. When defendant may be witness for co-defend- 1847. Questions of law to be decided by court; libel, on

ant; Ench discharge to be deemed an acquittal. trial of, jury to determine the law and the fact. 1633. Treason, evidence necessary to convict of. 1648. Jury bound to receive the law as laid down by 162. Conspiracy, how charged and proved.

the court. 1650. Pape, proof to sustain ; accomplice, evidence of, 1649. Charge to jury. to be corroborated.

1650. How jury to decide after charge. 1621. False pretence, evidence of, to be in writing; ex- 1651. Defendant on bail may be committed. ception to last.

Conduct of jury after case submitted 1632. Seduction, proof necessary.

1652. Room to be provided. 1633. Proceedings where the facts show an offense 1653. Provision for jury while deliberating. greater than that charged.

1654. Papers which they may take with them. 104. When jury may be discharged.

1655. When jury may be brought into court for in1935. Wben defendant to be discharged.

structions. 1638. Proceedings when exclusive jurisdiction of the 1656. When jury may be discharged after returning.

offense is in another county; clerk to transmit 1657. Effect of discharge without verdict.
papers, etc.

1658. Adjournment of court during absence of jury; 1657. When defendant to be discharged.

final adjournment discharges. 1638. Proceeding on arrest in such case.

Verdict 1539. Proceedings when the facts do not constitute an 1659. How delivered; when defendant must appear. offense.

1660. Jury to be asked if they have agreed. 1640. Proceedings when the case is submitted anew. 1661. General and special; general, import; special, 164). When court may advise an acquittal; effect of defined. such advice.

1662. Must be reduced to writing; and read to jury; 1642. When view may be had.

form of.

ants.

ARTICLE

ARTICLE 1663. Judgment on, how given.

1668. Persistence of jury in informality to work as1664. New trial, when to be ordered.

quittal. 1665. Defendant may be found guilty of any offense in- 1669. Jury may be polled. cluded in the offense charged.

1670. Recording. 1666. Verdict may be rendered as to some of defend- 1671. Proceedings on verdict of acquittal.

1672. Of guilty, proceedings on. 1667. Verdict, when to be reconsidered.

7. Proceedings after Trial and before Judgment. Bill of exceptions

1679. When may be granted. 1673. Exceptions by defendant to matter of law, when 1680. When application to be made for Dex trial taken.

Arrest of judgment1674. Same on behalf of the people.

1681. Motion in arrest of judgment, defined; as what 1675. Bill of exceptions, when and how settled.

founded. 1676. What to contain; when to be filed.

1682. When judgment will be arrested witbot sa 1677. Written charge to form part of the record.

tion; when motion to be made; ext&alio New trial

ing motion. 1678. Defined; effect of.

1683. Proceedings after judgment has been arsted.

8. Judgment and Execution. Judgment,

1694. Entry of judgment; record, how constituted 1684. Time for pronouncing judgment; what time to Execution be appointed.

1695. Authority for execution ; execution on juigment 1685. Presence of defendant, when necessary; defend- for a fine; on judgment of imprisonment, ant to be brought before court.

1696. On judgment of death. 1686. Defendant out on bail failing to appear; bench 1697. Statement to be transmitted to governor i gor warrant may issue for his arrest.

ernor may require opinion of suprebe cert 1687. Warrant may be issued into several counties ;

etc. form of warrant.

1698. Suspension of judgment of death, 1688. Warrant, how served.

1699. Inquiry into sanity of defendant; certificate 1689. Arrest of defendant.

inquisition. 1690. Proceedings when defendant appears.

1700. Proceedings on such inquiry ; effect of finding 1691. Causes against judgment; rendition of judgment. 1701. Inquiry into pregnancy of female convict; 1692. Judgment, when defendant found guilty of more of finding than one offense.

1702. Proceedings when judgment is not executed 1693. Judgment to pay a fine may order imprisonment; 1703. Death penalty, how inflicted. lien of such judgment.

9. Appeal. When allowed and how taken

1711. Argument of. 1704. Appeal, to and from what courts.

1712. Defendant need not appear in appellate court 1705. On questions of law alone; parties on, designated. Judgment on appeal1706. What may be reviewed on; within what time; 1713. Technical errors, not to effect; extent of jot how taken.

ment. 1707. When deemed perfected.

1714. New trial, where to be had. 1708. Effect of appeal.

1715. Proceedings on reversal of judgment; on an 1709. Copy of record, etc. to be transmitted to supreme ance; entry of judgment and copy; papers to court.

remain in appellate court. 1710. Dismissing appeal.

1716. All further proceedings to be had in court beler

10. Bail. 1717. Bail, defined; taking.

1729. Qualifications and justification of bail in sede 1718. Adinission to. 1719. When not to be admitted.

1730. Bail on appeal, order for. 1720. When in the discretion, notice necessary. 1731. Notice of application for. 1721. After conviction, when allowed; before convic- 1732. Qualification, recognizance, etc. tion.

Deposit instead of bail1722. On appeal.

1733. Defendant may make deposit in lieu of bail. 1723. On being held to answer before indictment; who 1734. May deposit in exoneration of bail.

may
admit to.

1735. How deposit to be applied. 1724. How put in; recognizance, form of.

Surrender of defendant. 1725. Qualifications of; justification of.

1736. How bail may surrender defendant and be s 1726. Bail upon indictment before conviction; where

erated.
defendant may give bail; when to be delivered 1737. Bail may arrest defendant.
into custody.

1738. Surrender after deposit. 1727. To be held by sheriff.

Forfeiture of recognizance, etc.1728. Bail, how put in; recognizance, form of. 1739. When recognizance or deposit forfeited.

cases.

ARTICLE

ARTICLE 1740. Discharge of forfeiture; action on recognizance. 1744. Arrest on such order. 1741. Payment of deposit to county treasurer. 1745. Amount of bail to be specified in the order, Recommitment after bail

1746. Who may take bail in such case. 1742. When defendant may be recommitted after bail. 1747. Form of recognizance on recommitment; quali1743. Order for recommitment, what to contain.

fications of bail. V.-MISCELLANEOUS PROCEEDINGS.

1. Compelling Witnesses to attend. 1748. Subpena, defined; who may issue.

1753. Attendance of witness out of the county. 1749. Form of.

1754. Disobedience to subpena and refusal to testify. 1750. Drices tecum.

1755. Recognizance, how forfeited. 1751. How served.

1756. Disobedience of subpena issued by defendant, 1752. Payment of witnesses.

penalty.

2. Testimony taken by Commission. 1757. Defendant may have witnesses examined before ( 1765. Cross-interrogatories, or after indictment.

1766. What may be inserted in the interrogatories; al1758. In what cases such examination may be had.

lowance of interrogatories. 1759. Commission defined.

1767. Direction to execute commission. 1700. Who may be commissioner.

1768. Commission, how executed; copy of last section 1761. Application for commission, what to show; when to be annexed to commission; return of comand to whom made.

mission, 1702. Order for commission, when to be granted. 1769. Filing commission and return. 1763. Stay of proceedings.

1770. Return by mail. 1764. Notice and interrogatories, to be served on dis- 1771. Commission and return to be open for inspection. trict attorney.

1772. Depositions evidence for either party.

3. Inquiry into the Insanity of Defendant. 1973. Insanity excuses crime.

1778. Defendant found sane, proceedings. 1774. Inquiry into defendant's sanity.

1779. Defendant found insane, proceedings. 1775. Trial or judgment to be suspended.

1780. Bail, exoneration of. 1776. Insanity, how tried.

1781. Defendant returning to sanity, proceedings. 177. Charge to jury.

1782. Expense of keeping defendant, to whom chargea.

ble.

4. Dismissal of Action for 'Want of Jurisdiction. 17R2. Prosecution, when to be dismissed.

1787. Reasons for dismissal to be set forth. 1754. Indietment, when to be dismissed.

1788. Discontinuance by attorney-general or district 1756. Continuance of action and discharge of defendant. attorney. 1786. Dianissal of action, proceedings.

1789. When dismissed, to bar another prosecution.

5. Entilling Affidavits. 1799, Entitling affidavits.

6. Errors, Etc. in P leading, Etc. 1791. Errors, etc. in pleading, etc.

7. Disposal of Property Stolen. 1792. Castody of stolen property.

1795. When property is not claimed. 1793. Property to be returned to owner.

1796. Property taken to be receipted for. 1794. Same.

VI. —PROCEEDINGS IN JUSTICES', RECORDERS' AND MAYORS' COURTS. 1797. Proceedings, how commenced.

1811. Jury not to be discharged until they have agreed. 1798. Examination of complainant, etc.

1812. Second trial, when had. 178. Warrant of arrest, when issued, and form. 1813. Judgment. 1800. Pleadings.

1814. Judgment to pay fine may direct imprisonment. 1801. Defendant to be present on trial.

1815. Acquittal; malicious prosecutions, etc; when 182. Docket, how kept.

judgment may be entered against prosecutor 1803. Jury trial.

for costs. 1804. Challenge to jurors.

1816. Entry of verdict. 1806. Oath to jurors.

1817. Rendition of judgment, appointment of time for. 1806, Jury to hear proof, etc. in public.

1818. Motion for new trial or arrest of judgment. 1807. Court to decide questions of law; court not to 1819. New trial, when granted.

charge with respect to matters of fact. 1820. Arrest of judgment, on what founded. 1808. Deliberation of jury; oath of officer having charge 1821. Pronouncing judgment. of jury.

1822. Discharge of defendant. 1309. Verdict to be general ; delivery of.

1823. Judgment of imprisonment. 1810. Against part of defendants.

[ocr errors]

!

« AnteriorContinuar »