What judgment may be.

Judgment of suspension.

When officer not to execute official duties.

Impeachment

of lieutenant governor.

Indictment barred by impeachment.

members present who voted on the question of acquittal or conviction, the same shall be the judgment of the senate.

SEC. 65. The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office or class of offices, or any office of honor, trust, or profit, under this state.

SEC. 66. If judgment of suspension be given, the defendant shall during the continuance thereof be disqualified from receiving the salary, fees, or emoluments of the office.

SEC. 67. No judicial officer shall exercise the office after being impeached until he is acquitted.

SEC. 68. If the lieutenant governor be impeached, notice of the impeachment shall be immediately given to the senate by the assembly, that another president may be chosen.

SEC. 69. If the offence for which the defendant is impeached be the subject of an indictment, the indictment shall not be barred by the impeachment.

Accusation of certain officers.

What to state.

To be delivered to grand jury.

Defendant

to appear.

Proceeding by defendant.

Objection
to sufficiency

of accusation.

TITLE III.

OF THE REMOVAL OF CIVIL OFFICERS OTHERWISE THAN BY IMPEACHMENT.

SECTION 70. An accusation in writing against any district, county, or township officer for wilful or corrupt misconduct in office may be presented by the grand jury of the county for which the officer accused is elected or appointed.

SEC. 71. The accusation shall state the offence charged in ordinary and concise language and without repetition..

SEC. 72. The accusation shall be delivered by the foreman of the grand jury to the district attorney of the county, who shall cause a copy thereof to be served upon the defendant, and require by notice in writing of not less than ten days that he appear before the district court of the county at the next term, and answer the accusation. The original accusation shall then be filed with the clerk of the district

court.

SEC. 73. The defendant must appear at the time appointed in the notice, and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he do not appear, the court may proceed to hear and determine the accusation in his ab

sence.

SEC 74. The defendant may answer the accusation, either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.

SEC. 75. If he object to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form,

it being sufficient if it present intelligibly the grounds of the objection.

SEC. 76. If he deny the truth of the accusation, the denial may be Denial of truth oral and without oath, and shall be entered upon the minutes.

of accusation.

overruled.

SEC. 77. If an objection to the sufficiency of the accusation be Objection not sustained, the defendant shall be required to answer the accusation forthwith.

convict, or

SEC. 78. If the defendant plead guilty, or refuse to answer the Court to accusation, the court shall render judgment of conviction against him. proceed to try. If he deny the matters charged, the court shall immediately, or at such time as they may appoint, proceed to try the accusation.

by jury.

SEC. 79. The trial shall be by a jury and shall be conducted in all Trial to be respects in the same manner as the trial of an indictment for a misdemeanor.

of witnesses.

SEC. 80. The district attorney and the defendant shall be respec- Attendance tively entitled to such processes as may be necessary to enforce the attendance of witnesses as upon a trial of an indictment.

conviction.

SEC. 81. Upon a conviction the court shall immediately, or at Judgment on such other time as they may appoint, pronounce judgment that the defendant be removed [from] office. But to warrant a removal, the judgment must be entered upon the minutes assigning therein the causes of removal.

judgment.

SEC. 82. From a judgment of removal an appeal may be taken Appeal from to the supreme court in the same manner as from a judgment in a civil action, but until such judgment be reversed the defendant shall be suspended from his office. Pending the appeal the office may be filled as in case of vacancy.

on accusation

attorney.

SEC. 83. The same proceedings may be had on like grounds for the Proceedings removal of a district attorney, except that the accusation shall be against district delivered to the district judge of the district, who shall thereupon appoint some one to act as prosecuting officer in the matter, or shall place the accusation in the hands of the district attorney of an adjoining county, and require him to conduct the proceedings.

PART IV.

OF THE PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY INDICTMENT.

TITLE I.

OF THE LOCAL JURISDICTION OF PUBLIC OFFENCES.

to punishment.

SECTION 84. Every person, whether an inhabitant of this or any other who liable state, or county, or of a territory or district of the United States, shall be liable to punishment by the laws of this state for a public

Offences committed

out of state.

Death by duelling

out of state.

Offence committed in separate counties.

On boundary

of two counties.

On vessels.

Jurisdiction of indictment for abduction.

offence committed by him therein, except where it is by law cognizable exclusively in the courts of the United States.

SEC. 85. When the commission of a public offence commenced without the state, is consummated within the boundaries thereof, the defendant shall be liable to punishment in this state though he were without the state at the time of the commission of the offence charged: Provided, he consummated the offence through the intervention of an innocent or guilty agent without this state, or any other means proceeding directly from himself, and in such case the jurisdiction shall be in the county in which the offence is consummated.

SEC. 86. When an inhabitant or resident of this state shall, by any previous appointment or engagement, fight a duel, or be concerned as a second therein without the jurisdiction of this state, and in such duel a wound shall be inflicted upon any person whereof he shall die within the state, the jurisdiction of the offence shall be in the county where the death shall happen.

SEC. 87. When a public offence is committed in part in one county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offence occur in two or more counties, the jurisdiction shall be in either county.

SEC. 88. When a public offence is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction shall be within either county.

SEC. 89. When an offence is committed within this state on board a vessel navigating a river, bay, or slue, or lying therein in the prosecution of her voyage, the jurisdiction shall be in any county through which the vessel is navigated in the course of her voyage, or in the county where the Voyage shall terminate.

SEC. 90. The jurisdiction of an indictment for the crime of forcibly stealing, taking, or arresting any man, woman, or child in this state, and carrying him or her into any other county, state, or territory, or for forcibly taking or arresting any person or persons whomsoever, with a design to take him or her out of this state, without having established a claim according to the laws of the United States, or for hiring, persuading, enticing, decoying, or seducing by false promises, misrepresentations, and the like, any negro, mulatto, or colored person to go out of this state, to be taken or removed therefrom for the purpose and with the intent to sell such negro, mulatto, or colored person into slavery or involuntary servitude, or otherwise to employ him or her for his or her own use or the use of another, without the free will and consent of such negro, mulatto, or colored person, shall be, in any county in which the offence is committed, or into or out of

which the person upon whom the offence was committed may in the prosecution of the offence have been brought, or in which an act shall be done by the offender in instigating, procuring, promoting, aiding in, or being accessory to, the commission of the offence, or in abetting the parties therein concerned.

or incest.

SEC. 91. When the offence either of bigamy or incest is committed For bigamy in one county and the defendant is apprehended in another, the jurisdiction shall be in either county.

etc.

SEC. 92. When property feloniously taken in one county by bur- For burglary glary, robbery, larceny, or embezzlement, has been brought into another, the jurisdiction of the offence shall be in either county. But if at any time before the conviction of the defendant in the latter he be indicted in the former county, the sheriff of the latter county shall upon demand, deliver him to the sheriff of the former county, upon being served with a copy of the indictment, and upon receipt, endorsed thereon by the sheriff of the former county, of the body of the offender, and shall, on filing the copy of the indictment and receipt, be exonerated from all liability in respect to the custody of the offender.

accessory.

SEC. 93. In the case of an accessory before or after the fact in Against the commission of a public offence, the jurisdiction shall be in the county where the offence of the accessory was committed, notwithstanding the principal offence was committed in another county.

Acquittal out of state,

SEC. 94. When an act charged as a public offence is within the jurisdiction of another state or territory as well as of this state, a a bar to conviction or acquittal thereof in such state or territory shall be bar to a prosecution therefor in this state.

a

SEC. 95. When an offence is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county shall be bar to a prosecution or indictment therefor in another.

TITLE II.

OF THE TIME OF COMMENCING CRIMINAL ACTIONS.

indictment.

Acquittal in

one county,

a

a bar to an

indictment.

SECTION 96. There shall be no limitation of time within which a No limitation prosecution for murder must be commenced. It may be commenced

at any time after the death of the

person killed.

for murder.

SEC. 97. An indictment for any other felony than murder must be Limitation found within three years after its commission.

for felony.

SEC. 98. An indictment for any misdemeanor must be found within For misdeone year after its commission.

meanor.

SEC. 99. If when the offence is committed the defendant be out of Term of absence the state, the indictment may be found within the term herein limited

not reckoned.

When indictment found.

after his coming within the state, and no time during which defendant is not an inhabitant of, or usually resident within the state, shall be a part of the limitation.

SEC. 100. An indictment is found within the meaning of this title, when it is duly presented by the grand jury in open court, and there received and filed.

Complaint defined.

Magistrate defined.

Who are magistrates.

Magistrate
to examine
complainant,
etc., on oath.

Depositions, what to contain.

Warrant to

rrest defendant.

rrant of est defined.

TITLE III.

OF THE COMPLAINT AND PROCEEDINGS THEREON, TO THE COMMITMENT

INCLUSIVE.

CHAPTER I.

THE COMPLAINT.

SECTION 101. The complaint is the allegation made to a magistrate that a person has been guilty of some designated offence.

SEC. 102. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offence. SEC. 103. The following persons are magistrates:

1st. The justices of the supreme court;

2d. The district judges;

3d. The county judges;

4th. Justices of the peace;

5th. The recorders of cities; and,

6th. The mayors of cities, upon whom are conferred by law the powers of justices of the peace.

CHAPTER II.

WARRANT OF ARREST.

SECTION 104. When a complaint is laid before a magistrate of the commission of a public offence, triable within the county, he must examine on oath the complainant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.

SEC. 105. The deposition must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the offence and the guilt of the defendant.

SEC. 106. If the magistrate be satisfied therefrom that the offence complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he shall issue a warrant of arrest.

SEC. 107. A warrant of arrest is an order in writing in the name