769. Proceedings to carry judgment upon appeal into effect, to be had in county court. If any proceeding* be necessary to carry the judgment upon the appeal into effect, they must be had in the county court. Am'd L. 1895, ch. 880. § 770. On judgment of county court defendant may appeal to appellate division. If the judgment on the appeal be against the defendant he may appeal therefrom to the appellate division of the supreme court, in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon the appeal, in like manner. Am'd L. 1895, ch. 880. Appeal from police justice. People v. Trumble, 1 N. Y. Cr. Rep. 443; People ex rel. Comrs. v. Cullen, 151 N. Y. 54. General sessions. People ex rel. Wright v. Court of Sessions, 45 Hun, 54. Appeal by people. People v. Snyder, 44 Hun, 193. Bastardy proceedings. People ex rel. Kirkpatrick v. Crowley, 21 App. Div. 189. § 771. Judgment of supreme court upon appeal, final. The judgment of the appellate division of the supreme court upon the appeal is final; except that where the original appeal was from a judgment of commitment of a child, either party may appeal to the court of appeals in like manner as a defendant under section five hundred and nineteer of this Code. Am'd L. 1895, ch. 880. Special proceeding. People ex rel. Comrs. v. Cullen, 151 N. Y. 54. Bastardy proceedings. People ex rel. Wright v. Court of Sessions, 45 Power of Court of Appeals to review. People v. Malone, 169 N. Y. 568; People v. Johnston, 187 N. Y. 319. 772. Proceedings to carry into effect judgment of supreme court. The same proceedings must be had, to carry into effect the judgment of the appellate division of the supreme court upon the appeal, as if it had been taken upon a judgment in an action prosecuted by indictment. Am'd L. 1895, ch. 880. People ex rel. Baker v. Beatty, 39 Hun, 476; 4 N. Y. Cr. Rep. 287; People v. Clark, 62 Hun, 84. So in original. 239 Title PART VI. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. I. Of coroners' inquests, and the duties of coroners. III. Of the outlawry of persons convicted of treason. V. Of proceedings respecting bastards. 71. Of proceedings respecting vagrants. VII. Of proceedings respecting disorderly persons. VIII. Of proceedings respecting the support of poor persons. IX. Of proceedings respecting masters, apprentices, and servants. X. Of criminal statistics. XI. Miscellaneous provisions respecting proceedings of 8 criminal nature. TITLE I. Of Coroners' Inquests, and the Duties of Coroners. Sec. 773. Inquest by coroner or jury. Issue of warrant of arrest. Dis qualification of coroner. 774. Jury to be sworn. 775. Witnesses to be subpoenaed. 776. Compelling attendance of witnesses, and punishing their disobedi ence. 777. Decision of coroner or verdict of jury. 778. Testimony, how taken and filed. 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned. 780. Warrant for arrest of party. 781. Form of warrant. 782. Warrant, how executed. 783. Duty of magistrate upon examination of charge. 784. Inquisition and testimony for magistrate. 785. Coroner to deliver money or property found, on deceased, to county treasurer. 786. County treasurer to place money to credit of county; and to sell other property and place proceeds to credit of county. 787. Money, when and how paid to representatives of deceased. 788. Supervisors to require statement under oath, from coroner, before auditing his accounts. 789. In New York, police justices may perform duties of corner, during his inability. 790. Compensation of coroners. § 773. Inquest by coroner or jury. Issue of warrant of arrest. Disqualification of coroner. Whenever a coroner is informed that a person has been killed or dangerously wounded by another, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another by criminal means, or has committed suicide, he must go to the place where the person is and forthwith inquire into the cause of the death, or wounding, and in case such death, or wounding, occurred in a county in which is situated in whole, or in part, a city having a population of more than five hundred thousand as appears by the last state enumeration, but not otherwise, summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith, at a specified place, to inquire into the cause of the death or wound, and if it shall appear from the sworn examination of the informant, or complainant, or if it shall appear from the evidence taken on, or during, the inquisition, or hearing, that any person, or persons, are chargeable with the killing or wounding, or that there is probable cause to believe that any person or persons are chargeable therewith, and if such person or persons be not in custody, he must forthwith issue a warrant for the arrest of the person or persons charged with such killing or wounding; and upon the arrest of any person, or persons, chargeable therewith, he must be arraigned before the coroner for examination, and the said coroner shall have power to commit the person or persons so arrested to await the result of the inquisition or decision. Any coroner shall be disqualified from acting as such in any case where the person killed, or dangerously wounded, or dying suddenly, as aforesaid, is a coemployee with said coroner, of any person, or persons, association, or corporation, or where it appears that the killing or wounding has been occasioned, directly or indirectly, by the employer of said coroner. Am'd L. 1908, ch. 102. In effect Sept. 1, 1908. Willett, 92 N. Y. 29. Post-mortem examination. Fitzgerald, 105 N. Y. 147. People v. Mondon, 103 N. Y. 211; People v. Crisfield v. Perine, 15 Hun, 200; People v. Probable cause. People ex rel. Patterson v. Flynn, 44 Misc. 20. 774. Jury to be sworn. Repealed by L. 1899, ch. 464, § 2. 775. Witnesses to be subpoenaed. The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint. He must summon and examine as witnesses, every person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death or wounding. See 619, ante. Payment for physician's services. Van Hoevenbergh v. Hasbrouck, 45 Barb. 197; People ex rel. Sherman v. Supervisors, 30 How. Pr. Rep. 173. Scientific expert. Doremus v. Mayor, 6 Daly, 121. Witnesses before coroner. People v. Collins, 20 How. Pr. Rep. 111. § 776. Compelling attendance of witnesses, and punishing their disobedience. A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, as up a a subpoena issued by a magistrate, as provided in this Code. See § 619, ante. § 777. Decision of coroner or verdict of jury. After inspecting the body and hearing the testimony, the coroner must render his decision, or if in a county where a jury is summoned as provided in section 773, the jury must render their verdict, and certify it by an inquisition or decision in writing, signed by him or them as the case may be, and setting forth who the person killed or wounded is, and when, where and by what means he came to his death, or was wounded; and if he were killed, or wounded, or his death were occasioned by the act of another, by criminal means, who is guilty thereof, in so far as by such inquisition he or such jury has been able to ascertain. Am'd L. 1899, ch. 464. People v. Mondon, 4 N. Y. Cr. Rep. 552; 103 N. Y. 211. Inquisition. People ex rel. Cosford v. Board of Supervisors, 15 N. Y. Supp. 680; 38 N. Y. St. Rep. 964. See People v. Coombs, 36 App. Div. 284, affd., 158 N. Y. 532. § 778. Testimony, how taken and filed. The testimony of the witnesses examined before the coroner or the jury must be reduced to writing by the coroner, or under his direction, and must be forthwith by him, with the inquisition, or decision, filed in the office of the clerk of the county court of the county, or of a city court, having power to inquire into the offense by the intervention of a grand jury. Am'd L. 1899, ch. 464. 38 N. Y. St. Rep. 964: 15 N. Y. Confession. People v. Mondon, 103 See Matter of Ramscar, 1 N. Y. Cr. People ex rel. Cosford v. Supervisors, N. Y. 211. Rep. 33; 63 How. Pr. Rep. 255. § 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned. If, however, the defendant be arrested before the inquisition can be filed, the coroner must deliver it with the testimony, to the magistrate before whom the defendant is brought, as provided in section 781, who must return it with the depositions and statement taken before him, in the manner prescribed in section 221. See Matter of Ramscar, 1 N. Y. Cr. Rep. 33; 63 How. Pr. Rep. 255. § 780. Warrant for arrest of party. If the coronor or jury, where a jury is summoned finds that the person was killed or wounded by another, under circumstances not excusable, or justifiable, by law, or that his death was occasioned by the act of another, by criminal means, and the party committing the act be ascertained by the inquisition or decision, and be not in custody, the coroner must issue a war rant, signed by him with his name of office, into one or more counties, as may be necessary, for the arrest of the person charged. Am'd L. 1899, ch. 464. See Matter of Ramscar, 1 N. Y. Cr. Rep. 33; 63 How. Pr. Rep. 255. 781. Form of warrant. The coroner's warrant must be in substantially the following form: County of Albany (or as the case may be). In the name of the people of the state of New York, to any sheriff, constable, marshal or policeman in this county: An inquisition having been this day found by a coroner's jury before me, (or a decision having been made by me) stating that A B has come to his death by the act of C D by criminal means (or as the case may be), as found by the inquisition (or decision;) or information having been this day laid before me that A B has been killed or dangerously wounded by C D by criminal means (or as the case may be), you are hereby commanded forthwith to arrest the abovenamed C D and bring him before me, or in the case of my absence or inability to act, before the nearest or most accessible coroner in this county. Dated at the city of Albany (or as the case may be), this .... day of E. F., Coroner of the county of Albany (or as the case may be.) Am'd L. 1899, ch. 464. See Matter of Ramscar, 1 N. Y. Cr. Rep. 33; 63 How. Pr. Rep. 255. § 782. Warrant, how executed. The coroner's warrant may be served in any county; and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information; except, that when served in another county, it need not be indorsed by a magistrate of that county. See Matter of Ramscar, 1 N. Y. Cr. Rep. 33; 63 How. Pr. Rep. 255. § 783. Duty of magistrate upon examination of charge. The magistrate, or coroner, when the defendant is brought before him, must proceed to examine the charge contained in the inquisition or information, and hold the defendant to answer or discharge him therefrom, in the same manner in all respects as upon a warrant of arrest on an information. Am'd L. 1887, ch. 321. See Matter of Ramscar, 1 N. Y. Cr. Rep. 33; 63 How. Pr. Rep. 255. § 784. Inquisition and testimony for magistrate. Upon the arrest of the defendant, the clerk with whom the inquisition is filed, must, without delay, furnish to the magistrate, or coroner, before whom the defendant is brought, a certified copy of the inquisition and of the testimony returned therewith. Am'd L. 1887, ch. 321. See Matter of Ramscar, 1 N. Y. Cr. Rep. 33; 63 How. Pr. Rep. 255. |