of the constables of the county to which the capias is directed, shall arrest the person named in the warrant, and if the offense is bailable and the writ is not returnable forthwith, let him to bail if sufficient bail is offered, or if the offense is not bailable or sufficient bail not offered, take his body to the jail of the county where the capias is returnable, and deliver him, together with the capias to the keeper of the jail, there to remain until discharged in due course of law. If the process is returnable forthwith the accused shall be immediately brought into court, when he shall either be committed, bailed or tried, as the court may direct; but if the court shall not be in session when the officer makes the arrest, so that the accused may be let to bail in open court, such officer may let him to bail conditional for his appearance on the day to which the court stands adjourned, if sufficient bail is offered. The sheriff or other officer, taking such bail, shall be authorized and required to administer oaths for the purpose of ascertaining the sufficiency of the bail offered. 418. Passing Through other Counties. 5. The officer having the custody of a prisoner may pass through any counties which lie in his route between the place of arrest and the county to which he is taking the prisoner, and may lodge the prisoner in any jail on his route for safe custody, for one night or more, as occasion may require. 419. Costs. 6. The county where the indictment is found shall pay to the officer his reasonable charges for his services in bringing an offender from another county. 420. Letting to Bail. 7. The officer making the arrest shall let the accused to bail, by his entering into recognizance in the form required by law, in the amount specified in the process, with one or more sufficient sureties to be approved by the officer. -Rules as to, 17-561; 50-195; 76-516; 38-494. 443. Death Penalty-Dispos- 456-7. Taking to Penitening of Body. tiary. 421. Copy of Indictment. § 1. Every person charged with treason, murder or other felonious crime, shall be furnished, previous to his arraignment, with a copy of the indictment, and a list of the jurors and witnesses. In all other cases he shall, at his request or the request of his counsel, be furnished with a copy of the indictment and a list of the jurors and wit nesses. -List of all jurors to be furnished to accused, 213-72; 2 Gil 540; 54-274; 94-37; 267-45. -List exhausted-procedure in such case, 213-72. -When copy of indictment waived by accused, 132-363. -Copy to accused, 65-372; 47-468; 2 Gil 540; 267-45. 422. Counsel. § 2. Every person charged with crime shall be allowed counsel, and when he shall state upon oath that he is unable to procure counsel, the court shall assign him competent counsel, who shall conduct his defense. In all cases counsel shall have access to persons confined, and shall have the right to see and consult such persons in private. [See § 229.] -Appointing to defend, 19-78; 110-22; 139-81; 106-76. 423. Arraignment-Plea. § 3. Upon the arraignment of a prisoner, it shall be sufficient, without complying with any other form, to declare orally, by himself or his counsel, that he is not guilty; which plea shall be immediately entered upon the minutes of the court by the clerk, and the mention of the arraignment and such plea shall constitute the issue between the people of the state and the prisoner. And if the clerk neglects to insert in the minutes the said arraignment and plea, it may and shall be done at any time by order of the court, and then the error or defect shall be cured. Arraignment of accused-procedure, 135-401; 98-259; 255456; 267-45. -Arraignment of accused-what insufficient, 135-401. --Arraignment of accused-reading indictment to not required, 132-363. -Entering arraignment plea on minutes, 102-331; 88-160; 92-343. --Arraignment on change of venue, 3 Scam 83. -In misdemeanor-not required, 22-314; 89-216. 66 424. Plea of Guilty Explained. § 4. In cases where the party pleads guilty," such plea shall not be entered until the court shall have fully explained to the accused the consequences of entering such plea; after which, if the party persist in pleading "guilty," such plea shall be received and recorded, and the court shall proceed to render judgment and execution thereon, as if he had been found guilty by a jury. In all cases where the court possesses any discretion as to the extent of the punishment, it shall be the duty of the court to examine witnesses as to the aggravation and mitigation of the offense. -Pleading guilty-power of court on, 72-303; 71-498; 10676; 267-45; 267-498. -Some plea must be entered, 84-87; 65-301. 425. Standing Mute. § 5. In all cases where the party on being arraigned obstinately stands mute or refuses to plead, the court shall order the plea of "not guilty" to be entered on the minutes, and the trial, judgment and execution shall proceed in the same manner as it would have done if the party had pleaded not guilty." 426. Disqualifications Removed. § 6. No person shall be disqualified as a witness in any criminal case or proceeding by reason of his interest in the event of the same, as a party or otherwise, or by reason of his having been convicted of any crime; but such interest or conviction may be shown for the purpose of affecting his credibility: Provided, however, that a defendant in any criminal case or proceeding shall only at his own request be deemed a competent witness, and his neglect to testify shall not create any presumption against him, nor shall the court permit any reference or comment to be made to or upon such neglect. -Attorney not to comment on failure to testify, 229-633; 227-364. 427. Subpoenas. § 7. It shall be the duty of the clerk of the court to issue subpoenas, either on the part of the people or of the accused, directed to the sheriff, coroner, or any constable of any county of this state. And every witness who shall be duly subpoenaed, and shall neglect or refuse to attend any court, pursuant to the requisitions of such subpoena, shall be proceeded against and punished for contempt of the court. And attachments against witnesses who live in a different county from that where such subpoena is returnable, may be served in the same manner as capiases are directed to be served out of the country from which they issue. 428. Mode of Procedure. § 8. All trials for criminal offenses shall be conducted according to the course of the common law, except when this act points out a different mode, and the rules of evidence of the common law shall also be binding upon all courts and juries in criminal cases except as otherwise provided by law. -Right of trial by jury, 249-394; 173-497; 110-29; 128-585. (See Practice). Trial by Jury-Waiving. (See Jury.) An Act to provide a trial by jury in all cases where a judgment may be satisfied by imprisonment. [Approved June 17, 1893. In force July 1, 1893.] § 1. That no person shall be imprisoned for non-payment of a fine or a judgment in any civil, criminal, quasi criminal or qui tam action, except upon conviction by jury: Provided, that the defendant or defendants, in any such action may waive a jury trial by executing a formal waiver in writing: And provided, further, that this provision shall not be construed to apply to fines inflicted for contempt of court: And provided further, that when such waiver of jury is made, imprisonment may follow judgment of the court without conviction by a jury. (For Form see Justice of Peace, Part II.) -Must believe as jurors if believe as men, 233-198. -Are judges of facts, 199-173. -When verdict set aside, 231-566. -Must consider all evidence, 231-261. -Jury as judges of the law is obsolete, 223-484; 251-514. -Sec. 13, Juniors Act-service of special venire may be by one not an officer, 219-64. -May be waived in misdemeanor-when, 195-507. -Challenge to array-practice as to, 216-392; 40-268; 67154; 2 Seam 232; 261-339. -Challenge to array overruled-must do harm, 216-392; 213-72. 78. -Challenge to array-when late, 209-457. -What is not harmful separation of, 214-170; 209-284. -List of all to be given accused, 213-72. -List exhausted-procedure in such case, 213-72. Jurors may be transferred, one branch to another, 213-72. -Not to fix sentence in manslaughter, 213-142. -Question of intent is for, 209-528. -Trial by-only as heretofore enjoyed-before 1870, 208 -Presumed properly summoned on appeal, 206-417. -Regular jury may be absent, while special jury is selected, 198-162. -Taking case from jury-rule, 198-274. -Irregularity in selecting-not reversible if no harm done, 198-162. -Written waiver in trial of misdemeanor not required, 218 500. -Necessary in trial of indictment cases, 195-507. -Remarks of, after trial-when not ground for new trial, 194-506. -May take revolver and bullet to jury room, 175-224. -Conduct and care of, while considering verdict, 138-97. -Must be in charge of sworn bailiff, 124-218. -Jury must be re-sworn after each arraignment, 135-401. -What they may consider as showing intent, 132-536. -Sickness during trial, 116-330. -Cannot serve out of county, 110-29. -Affidavit of-good to support verdict, 1 Scam 476. -May be allowed to separate except in capital cases-rule, 145-279. -Challenging-common law rules as to, 144-140. -When disqualified by opinion formed, 116-330; 144-140. -Record of impaneling held sufficient, 284-39. -Right to challenge, 139-412. -Selection of-right to question, 139-412; 284-39. -List of-when to be given accused, 139-81. -Who may serve as, 139-81; 94-299. -List of, when to be given accused, 139-81. -Separation of, renders verdict absolute, 138-97; 266-70. -Examination by the court, 139-412. |