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1414. Order for troops to aid civil officer in suppressing unlawful assembly, by whom made.

1409. Refusing to disperse may be arrested.
1410. Refusing to aid officer, a misdemeanor.
1411. Officer neglecting to act in quelling riot, a mis- 1415. Order to be obeyed.


1412. Officer may command aid.

1413. Armed force, by whose orders to act.

1416. Governor may declare county in state of insur-
rection; revocation of such proclamation.
1417. Resisting authorities after such proclamation;


1418. What officers subject to impeachment; impeach- | 1424. Proceedings against district, county and town

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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.

1431. Death, by duelling, out of the state.

1437. Where property is stolen in one county and carried into another, where offense triable.

1432. Offense committed part in one county and part 1438. Accessory, where triable.

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1451. Warrant, to whom directed; warrant to be exe- 1475. Time to procure counsel.

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1456. When defendant is brought before magistrate 1480. Defendant to be informed of his right to make a

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

another county.

1458. Duty of officer; same.

1459. Arrest, defined.

1460. By whom to be made; who required to aid in. 1461. At what time to be made.

1462. Arrest, how made; unnecessary restraint forbidden; officer to state his authority, etc; when defendant flies or resists.

1463. Power of officers.

1464. When may be made without a warrant. 1465. May break open doors, etc.

1466. At night.

1482. Proceedings when defendant chooses to make a

statement; questions to be asked him. 1483. Statement must be reduced to writing and authenticated; form of authentication.

1484. Witnesses of defendant, when examined; may be kept separated; not to be present at the exam

ination of defendant.

1485. May be conducted with closed doors.
1486. When defendant to be discharged; form of dis-


1487. Order to hold defendant to answer, when; form

of order.

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Preliminary Proceedings

Grand jury, powers and duties of—

1495. Offenses to be prosecuted by indictment.
1496. Offenses to be prosecuted by accusation.
1497. In what court certain accusations and indict- 1514. Evidence to be received.

1513. Must inquire into all public offenses; indictment,
defined; presentment, defined; oath to witness.

ments must be found.

Grand jury, formation of—

1498. How prescribed; challenge to grand jury.

1499. To the panel.

1515. For defendant.

1516. Indictment, when to be found.

1517. Information by member of the jury.

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1500. To the polls.

1501. How made and tried; decision on.

1502. Effect of challenge to the panel.

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

1504. Objection to jury can only be by challenge.

1505. Foreman of grand jury.

1506. Oath of foreman; of others.

1507. Charge to grand jury.

1508. Sittings, how held; discharge, when.

1509. When another grand jury may be summoned.

1510. Order for summoning another grand jury; duty

of sheriff.

1511. Grand jury, how drawn.

1512. And trial juries how formed.

Finding and form of indictment

1530. Indictment how found.

1522. When grand juror may be examined as a witness.
1523. Grand juror not to be questioned relative to any

acts or votes.

Presentment and proceedings

1524. Presentment, how found; same.

1525. Not to be disclosed; disclosure, how punished.
1526. Bench warrant, when to issue.
1527. Form of.

1528. How executed.

1529. Proceedings on arrest.

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5. The Indictment.

1555. Defendant failing to appear; warrant for arrest.
1556. Form of.

1531. Dismissal of charge, when; effect of dismissal.
1532. Witnesses to be indorsed on indictment.
1533. Indictment to be presented to the court; indict-
ment against defendant not in custody; plead-
ings, form of; indictment; what to contain.

1534. Form of.

1535. Same.

1536. Error in name of defendant.

1557. Proceedings on arrest; form of warrant, when
offense not capital.

1558. Warrant, how served.
1559. Bail in another county.

1560. Defendant may be ordered into custody for fur-
ther bail; defendant to be committed.

1561. Counsel for 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.

1538. When erroneous allegation not material.

1539. Construction of indictment.

1540. Words of statute need not be strictly followed.

1541. Indictment, when sufficient.

no other name; name to be entered on minutes. 1564. Time to answer.

1565. Defendant may answer, demur or plead.

Setting aside the indictment

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;


1543. Judgment, etc. how pleaded.

1544. Private statute, how pleaded.

1545. Indictment for libel, what to set forth.

hearing of motion.

1568. Motion denied, defendant to answer, etc.

1569. Motion granted, defendant to be discharged.
1570. Case resubmitted, proceedings.

1546. Misdescription of forged instrument, when im- 1571. Order for discharge, when.

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1580. Effect of disallowing demurrer.


1599. Time to prepare for trial.

1581. Objections to indictment, how to be taken advan- 1600. Postponement of trial.

tage of.


1582. Kinds of pleas.

1583. Plea to be oral, etc; entry of plea, form of.

1534. Plea of guilty, how to be put in; may be withdrawn.

1585. Plea of not guilty, effect of; evidence under plea of not guilty.

Challenging the jury

1601. Challenge, defined; by several defendants.
1602. Panel, defined; to the panel, defined; to the pan-

el, on what founded.

1603. When and how to be taken; exception to; trial of. 1604. Exception may be withdrawn; amendment of challenge.

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.

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

Removal to district court—

1588. Indictments to be transferred to district court.

1589. Proceedings thereon in district court.

Removal to other county

when to be taken; kinds of.

1609. When to be taken; peremptory, how taken. 1610. Number of.

1611. For cause.

1612. General causes of.

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

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1997. Jury trial, formation of; docket of actions, how 1621. Decision of triers final; order of taking chalkept.

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1625. When defendants may be tried separately.
1826. When defendant may turn state's evidence.
1627. When defendant may be witness for co-defend-
ant; such discharge to be deemed an acquittal.
1628. Treason, evidence necessary to convict of.
1629. Conspiracy, how charged and proved.

lenges; final peremptory challenge, when al


1643. No person allowed to speak to the jury.
1644. Juror must disclose his knowledge of the contro-
versy in open court; juror having knowledge
of fact must be sworn as a witness.
1645. Jury, how to be kept.
1646. To be admonished on each adjournment; in case
juror becomes sick.

1847. Questions of law to be decided by court; libel, on
trial of, jury to determine the law and the fact.
1648. Jury bound to receive the law as laid down by
the court.

1600. Rape, proof to sustain; accomplice, evidence of, 1649. Charge to jury.

to be corroborated.

1650. How jury to decide after charge.

1631. False pretence, evidence of, to be in writing; ex- 1651. Defendant on bail may be committed. ception to last.

1632 Seduction, proof necessary.

Conduct of jury after case submitted1652. Room to be provided.

1633, Proceedings where the facts show an offense 1653. Provision for jury while deliberating.

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1963. Judgment on, how given.

1664. New trial, when to be ordered


1668. Persistence of jury in informality to work acquittal.

1665. Defendant may be found guilty of any offense in- 1609. 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. 16:2. Of guilty, proceedings on.


1667. Verdict, when to be reconsidered.

Bill of exceptions

7. Proceedings after Trial and before Judgment.

1679. When may be granted.

1673. Exceptions by defendant to matter of law, when, 1650. When application to be made for new trial.

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1684. Time for pronouncing judgment; what time to be appointed.

1685. Presence of defendant, when necessary; defendant to be brought before court.

1694. Entry of judgment; record, how constituted. Execution

1695. Authority for execution; execution on judgment for a fine; on judgment of imprisonment, etc. 1696. On judgment of death.

1686. Defendant out on bail failing to appear; bench 1697. Statement to be transmitted to governor; gov warrant may issue for his arrest.

1687. Warrant may be issued into several counties;

form of warrant.

1688. Warrant, how served.

1689. Arrest of defendant.

1690, Proceedings when defendant appears.
1691. Causes against judgment; rendition of judgment.
1692. Judgment, when defendant found guilty of more
than one offense.

ernor may require opinion of supreme court,


1698. Suspension of judgment of death.

1699. Inquiry into sanity of defendant; certificate of inquisition.

1700. Proceedings on such inquiry; effect of finding. 1701. Inquiry into pregnancy of female convict; effect of finding.

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.

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Qualification, recognizance, etc.

Deposit instead of bail

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.

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1764. Notice and interrogatories, to be served on dis- 1771. Commission and return to be open for inspection.

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1797. Proceedings, how commenced.
1798. Examination of complainant, etc.
1799. Warrant of arrest, when issued, and form.
1800. Pleadings.

1801. Defendant to be present on trial.

1802. Docket, how kept.

1803. Jury trial.

1804. Challenge to jurors.

1805. Oath to jurors.

1806, Jury to hear proof, etc. in public.

1811. Jury not to be discharged until they have agreed. 1812. Second trial, when had.

1813. Judgment.

1814. Judgment to pay fine may direct imprisonment. 1815. Acquittal; malicious prosecutions, etc; when judgment may be entered against prosecutor

for costs.

1816. Entry of verdict.

1817. Rendition of judgment, appointment of time for. 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.

1808. Deliberation of jury; oath of officer having charge

of jury.

1809. Verdict to be general; delivery of. 1810. Against part of defendants.

1820. Arrest of judgment, on what founded.

1821. Pronouncing judgment.

1822. Discharge of defendant.

1823. Judgment of imprisonment.

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