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THE STATE OF OHIO.
GENERAL AND LOCAL LAWS
PASSED BY THE
FIFTY-NINTH GENERAL ASSEMBLY,
AT THE ADJOURNED SESSION,
BEGUN AND HELD AT THE CITY OF COLUMBUS, JANUARY 3, A.D. 1871, AND IN THE CITIT
YEAR OF SAID STATE.
an offense, shall flee from justice, it shall be lawful for the person escap-
Oath of wit-
Section 83. No indictment for any misdemeanor shall be When name
the sale of intoxicating liquors in the state of Obio," passed
supplementary thereto. Warrant on
Section 101. A warrant may be issued in term time or in indictment vacation of the court on an indictment found or presentment and arrest of made in any county, and when directed to the sheriff of the accused.
county where such indictment was found, or presentment
him to bail as provided in this code.
his counsel, a copy of the indictment, and the sheriff on re.
upon the defendant, or opportunity had for receiving the same to accused.
as aforesaid, the accused shall be brought into court; and if
at all reasonable hours. Arraignment
Section 115. The accused shall be arraigned by reading to of accused. him the indictment, unless in cases of indictments for mis
demeanors, the reading shall be waived by the accused by
offence charged. Rule as to
Section 118. If the issue on the plea in bar be found against plea in bar. the defendant, or if upon tbe arraignment the accused offer
po plea in bar, he shall plead " guilty” or not guilty;" but
have pleaded “not guilty.”
1. That he was a member of the grand jury which found the indictment.
2. That he has formed or expressed an opinion as to the guilt or innocence of the accused.
3. In indictments for an offence, the punishment whereof is capital, that his opinions are such as to preclude him from tinding the accused guilty of an offence punishable with death.
4. That he is a relation within the fifth degree to the person alleged to be injured by the offence, or to the person on whose complaint the prosecution was instituted, or to the defeudant.
5. That he has served on a petit jury which was sworn in the same cause against the same defendant, and which jury either rendered a verdict which was set aside, or the jury was discharged after hearing the evidence.
6. Tbat he has served as a juror in a civil case brought against the defendant for the same act.
7. That he has been in good faith subpoenaell as a witness in the case', on behalf of the state or of the defendant.
8. The same challenges for cause shall be allowed in crimi nal prosecutions that are allowed to parties in civil cases. Section 164. When a case is finally submitted to the jury,
Conduct of they must be kept together in some convenient place, under
jury after the charge of an officer, until they agree upon a verdict, or case is subare discharged by the court. The officer having them in mitted. charge shall not suffer any communication to be made to them, or make any himself, except to ask them if they have agreed upon a verdict, unless by order of the court ; nor sball he communicate to any one, before the verdict is deliv. (red, any matter in relation to the state of their deliberations. If the jury are permitted to separate during the trial, they shall be admonished by the court that it is their duty not to converse with, or suffer themselves to be addressed by any other person on the subject of the trial, or to listen to any conversation on the subject; and that it is their duty not to form or express an opinion thereon until the cause is finally submitted to them.
Section 170. If the defendant have nothing to say, or if Court to prohe show no good and sufficient cause why judgment should nounce judgnot be pronounced, the court shall proceed to pronounc: judgment as provided by law. Section 172. When a person shall be convicted of an
Suspension offence, and shall give notice to the court of his intention to of execution apply for a writ of error, the court may, in its discretion, on on notice of application of the person so convicted, suspend the execu- application
for writ of tion of the sentence or judgment against him until the next term of the court, or for such period, not beyond the session of the court, as will give the person so convicted a reasona. ble time to apply for such writ; provided, when any such conviction is of an offense the punishment whereof is capi. tal, at least one hundred days shall intervene between the date of such sentence and judgment, and the day appointed for the execution thereof.
SEC. 2. That sections 26, 27, 75, 83, 101, 103, 104, 115, 118, Sections re134, 164, 170 and 172 of said act, be and the same are hereby pealed: repealed ; and this act shall take effect on its passage.
A. J. CUNNINGHAM,
*President of the Senate. Passed January 5, 1871.