of Santa Clara, who being first duly sworn, complains and says: That one John Doe, of said township and county, on the third day of January, A. D. 1880, at said township, in the County of Santa Clara, one overcoat of the value of thirty dollars, of the goods and chattels of him, the said Richard Roe, the said John Doe did feloniously take, steal and carry away; all of which is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of California. Said complainant therefore prays that a warrant may be issued for the arrest of said John Doe, and that he may be dealt with according to law. Subscribed and sworn to before me this third day of January, A. D. 1880. G. P. TAYLOR, RICHARD ROE. Justice of the Peace in and for said County. [If in Nevada, the complaint should be substantially as follows.] In Justice's Court of Gold Hill Township, of Storey County, and State of Nevada. S. W. Chubbuck, being first duly sworn, complains, and accuses Richard Roe of [here state the offense, whether a misdemeanor or crime, which in this case we will suppose to have been an "assault and battery "] committed as follows, to wit: The said Richard Roe did, on the third day of January, A. D. 1880*, at the town of Gold Hill, in said County of Storey, with a club, which he, the said Richard Roe, then and there held in his hands, beat, bruise and wound one Mary Roe, the wife of said Richard Roe, upon the head, breast, and person of the said Mary Roe, contrary to the form of the statute and against the peace and dignity of the State of Nevada. Wherefore complainant prays that a warrant may be issued for the arrest of the said Richard Roe, and that he be dealt with according to law. Sworn to and subscribed before me this third day of January, A. D. 1880. S. W. CHUBBUCK. J. P. FLAMMINGHAM, First. If the complaint be for petit larceny, it should read after the in the foregoing complaint, "feloniously take, steal, and carry away certain goods and chattels, to wit: [here insert a description of the articles taken] of the value of [less than fifty dollars] dollars, the property with intent to steal, and to convert the same to his, the said own use, contrary to the form of the statute," etc. of Second. If the charge be grand larceny of goods of any kind, the value of the property should be stated at a greater sum than fifty dollars [unless it be of amalgam in California; taking any amount of which from sluices, sulphuret machines, riffles, etc., constitutes "grand larceny "]. If the larceny be of live stock the complaint should read, after the in the foregoing complaint: "willfully and feloniously steal, take, and carry away, lead and drive away certain chattels, to wit: [Here describe the animals so that they may be identified.] Of the value of dollars, being the property of with intent to steal the same and convert it [or them] to his own use, contrary to the form of the statute," etc. If burglary be charged the complaint should read, after the * (unless it be a burglary which could be committed in the day-time): "in the night-time, to wit: between the hours of o'clock P. M. of the day of ―, and o'clock A. M. of the day of, A. D. 188-, willfully and feloniously break and enter a certain house of [the rightful occupant], with intent, then and there, to steal, take, and carry away certain goods and chattels, the property of [or with intent to commit some other crime], contrary to the form of the statute," etc. If an assault with intent to commit murder be the charge, the complaint, after the *, should read: "willfully and feloniously and with malice aforethought [shoot], bruise [beat], and wound the complainant [or one], with intent, then and there, to kill and murder him, the said contrary to the form of the statute," etc. If murder be the charge the complaint should read substantially, after the *: "feloniously and willfully and with malice aforethought, shoot [cut, stab, or whatever means were used, and with a pistol, or other instrument, which he, the said then and there had in his hand, etc.], kill and murder one -, then and there being, with intent, then and there, to kill and murder him, the said -, contrary to the form of the statute," etc. The foregoing technical words are substantially required in criminal complaints, but If the committing magistrate be satisfied, upon the examination, that a defendant has committed a crime, he will hold him, notwithstanding defects in the complaint, until the complaint can be amended or a new one filed; for in criminal as well as in civil actions pleadings in Justices' Courts are not held to such nicety and precision of language as are pleadings in Courts of Record. Form 222.-Warrant of Arrest. [BANCROFT'S BLANK, No. 725.] In Justice's Court of Gold Hill Township, of Storey County, State of Nevada. The State of Nevada, to any Sheriff, Constable, Marshal, or Policeman in the County of Storey, Greeting: A complaint upon oath having been this day laid before me by Alex. G. Cowan, that the crime of grand larceny has been committed, and accusing Robin Hood thereof, you are therefore commanded forthwith to arrest the above-named Robin Hood, and bring him before me forthwith, at my office, in said township, in said County of Storey, or in case of my absence, or inability to act, before the nearest and most accessible Magistrate in this county. Dated at my office in said township this fifth day of January, A. D. 1880. J. P. FLAMMINGHAM, Justice of the Peace of said Township. INDORSEMENT OF SERVICE. I hereby certify that I received the within warrant on the fifth day of January, A. D. 1880, and served the said warrant by arresting the within-named defendant Robin Hood, and bringing him into Court this fifth day of January, 1880. C. A. WILLIAMSON, Sheriff of Storey County. By CHARLES HARPER, Deputy. The within-named Robin Hood, having been brought before me under this warrant, is committed for examination to the Sheriff of Storey County. Dated this fifth day of January, 1880. J. P. FLAMMINGHAM, Justice of the Peace of said Township. Form 223.-Commitment on Being Held to Answer. The People of the State of California, to the Sheriff of the County of An order having been this day made by me, that to answer upon a charge of— [Here insert the name of the crime charged.] committed in said county, on or about the 188-. be held day of These are therefore to command you, the said Sheriff, to take and keep the said [Name of prisoner.] into your custody, and detain until charged. And I hereby order that the said to bail in the sum of be legally dis be admitted Dated this dollars. day of 18-. Justice of the Peace in and for said County. A complaint under oath having been filed in this Court on the day of ———————, a. d. 18—, charging said defendant, AXT of a certain public offense, to wit: day of committed on the A. D. 18, and a warrant of arrest having been day of A. D. 18—, for the arrest duly issued on said day of of said defendant, and said defendant having been duly : Wherefore, it is by the Court here ordered and adjudged that for said offense you, the said ——, do pay a fine of dollars, and be imprisoned in the County Jail of said said fine shall be paid not exceeding Court this day of A. D. 18-. days. County, until Justice of the Peace. [It must be remembered that the style of process in Nevada is "The State of Nevada."] Office of the Justice of the Peace, Township, County of I,, Justice of the Peace of the County of, do hereby certify that the foregoing is a full, true and correct copy of the judgment duly made and entered on the minutes of the said Justice's Court in the above-entitled action on the A. D. 18-. day of Attest my hand, at the Township of, in the County of You are hereby notified that the foregoing is a certified copy of the judgment entered in the minutes of said Court in the above-entitled cause, which is your warrant for the execution of said judgment. Justice of the Peace. |
