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THE STATE OF OHIO.

GENERAL AND LOCAL LAWS

AND

JOINT RESOLUTIONS,

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.

VOLUME LXVIII.

COLUMBUS:
NEVINS & MYERS, STATE PRINTERS

1871.

GENERAL LAWS.

SECTION 1. Be it enacted by the General Assembly of the

State of Ohio, That sections 26, 27, 75, 83, 101, 103, 104, 115,

118, 134, 164, 170 and 172 be, severally, so amended as to read

as follows:

Section 26. The warrant shall be directed to any constable Contents of

of the county, or if the same be issued by an officer of a warrant, and
municipal corporation authorized to issue such warrant, then to whom di-

rected.

to the marshal or other police officer of such corporation, and,

reciting the substance of the accusation, shall command the

officer forth with to take the accused and bring him before the

magistrate or court issuing the warrant, or some other magis.

trate having cognizance of the case, to be dealt with accord.

ing to law.

Section 27. If any person charged with the commission of Re-arrest of

an offense, shall flee from justice, it shall be lawful for the person escap-
officer in whose hands the warrant for such person has been ing.
placed, to pursue and arrest such person in any county of this
state, and him to convey before the magistrate or court issui.
ing such warrant, or other m1gistrate or court of the county
having cognizance of the case.
Section 75. Before any witness shall be examined by the

Oath of wit-
grand jury, an oath or affirmation shall be administered to ness and cer-
bim by the clerk, truly to testify of such matters and things tificate
as may be lawfully inquired of before said jury, a certificate thereof.
whereof the clerk shall make and deliver to such witness, who
sball present the same to the foreman of the grand jury when
he is admitted for examination.

Section 83. No indictment for any misdemeanor shall be When name
found a truc bill by any grand jury, unless the name of the of prosecut-
prosecuting witness shall be endorsed thereon, except such ing witness
bill be found upon testimony sworn and sent to the grand Lorsed on in-
jury at the request of the prosecuting attorney, or of the fore- dictment.
man of the grand jury, in which case the fact that the bill was
so found sball be endorsed on the bill instead of the name of
the prosecutor; provided, that this section shall not apply to
any indictment for any offence made punishable by the act
entitled "an act to provide against the evils resulting from

1

the sale of intoxicating liquors in the state of Obio," passed
May 1, 1854, and the several acts amendatory thereof and

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
inade, it shall be lawful for such officer to pursue and arrest
the accused named in such warrant, in any county of this
state where he may be found, and commit him to jail or hold

him to bail as provided in this code.
Copy of in- Section 103. Within three days after the filing of an in-
dictinent to dictment for a felony, and in every other case, on request the
be served on clerk shall make and deliver to the sheriff, the defendant, or
aconsod.

his counsel, a copy of the indictment, and the sheriff on re.
ceiving such copy sball serve the same upon the defendant;
and no one shall be, without his assent, arraigned or called
on to answer to any indictment until one day shall have
elapsed, after receiving in person or by counsel, or having an
opportunity to receive, a copy of such indictment as afore.

said.
Court to as- Section 104. After a copy of the indictment has been served
sign coursel

upon the defendant, or opportunity had for receiving the same to accused.

as aforesaid, the accused shall be brought into court; and if
he be without counsel, and unable to employ any, it shall be
the duty of the court to assign him counsel, at bis request,
not exceeding two, who shall have free access to the accused

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
the nature of the charge being made kuown to him, and he
shall then be asked whether he is guilty or not guilty of the

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
if he plead evasively, or staud mute, he shall be taken to

have pleaded “not guilty.”
Causes for Section 134. The following shall be good causes for chal-
challenge of lenge to any person called as a juror on the trial of any in.
jurors.

dictinent :

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,
Speaker of the House of Representatives.
J. C. LEE,

*President of the Senate. Passed January 5, 1871.

ment.

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