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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 69TH
YEAR OF SAID STATE.

VOLUME LXVIII.

COLUMBUS:

NEVINS & MYERS, STATE PRINTERS.

1871.

GENERAL LAWS.

To amend an act entitled "an act to establish a code of

criminal procedure for the state of Ohio," passed May

6, 186, (O. L., vol. 66, p. 287.)

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

of the county, or if the same be issued by an officer of a

municipal corporation authorized to issue such warrant, then

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

reciting the substance of the accusation, shall command the

officer forthwith 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

an offense, shall flee from justice, it shall be lawful for the
officer in whose hands the warrant for such person has been
placed, to pursue and arrest such person in any county of this
state, and him to convey before the magistrate or court issu
ing such warrant, or other magistrate or court of the county
having cognizance of the case.

Section 75. Before any witness shall be examined by the
grand jury, an oath or affirmation shall be administered to
him by the clerk, truly to testify of such matters and things
as may be lawfully inquired of before said jury, a certificate
whereof the clerk shall make and deliver to such witness, who
shall 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
found a true bill by any grand jury, unless the name of the
prosecuting witness shall be endorsed thereon, except such
bill be found upon testimony sworn and sent to the graud
jury at the request of the prosecuting attorney, or of the fore-
man of the grand jury, in which case the fact that the bill was
so found shall 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

[blocks in formation]

Warrant on

indictment

accused.

the sale of intoxicating liquors in the state of Ohio," passed May 1, 1854, and the several acts amendatory thereof and supplementary thereto.

Section 101. A warrant may be issued in term time or in 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 county where such indictment was found, or presentment made, 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 indictment to

accused.

Section 103. Within three days after the filing of an indictment 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 his counsel, a copy of the indictment, and the sheriff on receiving such copy shall 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 aforesaid.

Court to assign.counsel to accused.

Arraignment of accused.

Rule as to plea in bar.

Causes for

Section 104. After a copy of the indictment has been served upon the defendant, or opportunity had for receiving the same 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 his request, not exceeding two, who shall have free access to the accused at all reasonable hours.

Section 115. The accused shall be arraigned by reading to him the indictment, unless in cases of indictments for misdemeanors, the reading shall be waived by the accused by the nature of the charge being made known to him, and he shall then be asked whether he is guilty or not guilty of the offence charged.

Section 118. If the issue on the plea in bar be found against the defendant, or if upon the arraignment the accused offer no plea in bar, he shall plead "guilty" or "not guilty;" but if he plead evasively, or stand mute, he shall be taken to have pleaded "not guilty."

Section 134. The following shall be good causes for chalchallenge of lenge to any person called as a juror on the trial of any injurors.

dictment:

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 finding 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 defendant.

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. That 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 subpoenaed 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, they must be kept together in some couvenient place, under the charge of an officer, until they agree upon a verdict, or are discharged by the court. The officer having them in 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 shall 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 he show no good and sufficient cause why judgment should not be pronounced, the court shall proceed to pronounc judgment as provided by law.

Section 172. When a person shall be convicted of an offence, and shall give notice to the court of his intention to apply for a writ of error, the court may, in its discretion, on application of the person so convicted, suspend the execution 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 reasonable time to apply for such writ; provided, when any such conviction is of an offense the punishment whereof is capital, 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, 134, 164, 170 and 172 of said act, be and the same are hereby 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.

Conduct of jury after case is sub

mitted.

Court to pronounce judg

ment.

Suspension of execution

on notice of

application

for writ of error.

Sections repealed.

Passed January 5, 1871.

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