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61-11-14 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Acquittal for Variance or Insufficient Indictment |
A person acquitted of an offense, on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception … |
Proofed
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61-11-15 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Modes of Conviction of Felony |
No person shall be convicted of felony, unless by his confession in court, or by his plea or demurrer, or by the verdict of a jury accepted and recorded by the … |
Proofed
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61-11-16 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Court to Fix Term of Imprisonment for Felony |
The term of confinement in the penitentiary or jail, in the case of conviction for felony, where that punishment is prescribed, shall be ascertained by the cour… |
Proofed
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61-11-17 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Court to Fix Imprisonment and Fine for Misdemeanor |
The term of confinement in jail of a person found guilty of a misdemeanor, where that punishment is prescribed, shall, unless otherwise provided, be ascertained… |
Proofed
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61-11-18 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Punishment for Second Offense of Felony |
When any person is convicted of an offense, and sentenced to confinement therefor in the penitentiary, and it is alleged in the indictment on which he is convic… |
Proofed
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61-11-19 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Punishment for Third Offense of Felony |
When any such convict shall have been twice before sentenced in the United States to confinement in a penitentiary, he shall be sentenced to be confined in the … |
Proofed
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61-11-20 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Second Conviction for Petit Larceny a Felony; Penalty |
When a person is convicted of petit larceny, and it is alleged in the indictment on which he is convicted, and admitted, or by the jury found, that he has been … |
Proofed
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61-11-21 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Cumulative Sentences |
When any person is convicted of two or more offenses, before sentence is pronounced for either, the confinement to which he may be sentenced upon the second, or… |
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61-11-22 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Release of Minor Convict, or any Person Guilty of a Misdemeanor, on Probation; Probation Officers |
Whenever, in any court of this State having original jurisdiction of criminal actions, except a justice of the peace, a person under the age of twenty-one years… |
Proofed
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61-11-23 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Acts in Civil War Excused |
No criminal prosecution against a citizen of this State who aided or participated in the war between the government of the United States and a part of the peopl… |
Proofed
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61-11-24 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Offender May Have Credit for Term of Confinement Before Conviction |
Whenever any any person is convicted of an offense in a court of this State having jurisdiction thereof, and sentenced to confinement in jail or the penitentiar… |
Proofed
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61-12-1 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Coroner; Appointment; Duties |
It shall be the duty of the county court of every county, from time to time, to appoint a coroner for such county, who shall hold his office during the pleasure… |
Proofed
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61-12-2 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Execution of Warrant or Subpoena; Failure of Juror to Attend; Penalties |
Any such constable to whom the warrant or subpoena may be delivered shall forthwith execute it, and make return thereof to the coroner or justice who issued the… |
Proofed
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61-12-3 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Summoning Additional Jurors; Oath |
If six jurors do not attend, the coroner or justice may require the constable or any other person to summon others. When the full number of six have appeared, t… |
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61-12-4 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Control of Witnesses; Testimony |
Witnesses on whom the summons is served may be compelled by the coroner or justice to attend the inquest and give evidence, and they shall be liable in like man… |
Proofed
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61-12-5 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Form of Inquisition |
The jury, after hearing the evidence and making all needful inquiries, shall deliver to the coroner or justice their inquisition, wherein they shall state the n… |
Proofed
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61-12-6 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Return of Inquisition and Testimony to Circuit Court; Recognizance of Witnesses |
The coroner or justice shall return to the circuit court of his county the inquisition, written testimony, and recognizances by him taken; and if the jury find … |
Proofed
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61-12-7 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Arrest of Person Accused by Inquest |
If the person charged with the offense by the inquest be not in custody, the coroner or justice shall issue a warrant for his arrest, returnable before such cor… |
Proofed
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61-12-8 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Burial of Body; Fees of Jurors and Officers Holding Inquest; When no Inquest Necessary; Preliminary Examination |
If the dead person be a stranger, whether the inquest be taken or the coroner or justice called to view the body thinks it unnecessary to have an inquest, he sh… |
Proofed
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61-12-9 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Attendance of Physician; Compensation |
In taking an inquest, the coroner or justice may summon and require one or more physicians to attend and give information and render services, incident to his p… |
Proofed
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61-12-10 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Inquests |
Inquest on Sunday; Coroner’s Record; Delivery to Successor; Nonperformance of Duty by Coroner; Penalty |
All proceedings necessary to holding an inquest, the summoning of a jury and witnesses, and the return and verdict of the jury, may be held as well on Sunday as… |
Proofed
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62-1-1 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Apprehension of Persons Charged With Offenses; Judges May Issue Process |
A judge of a circuit, intermediate, criminal or other court having jurisdiction to try criminal offenses, in vacation as well as in term time, or a justice of t… |
Proofed
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62-1-2 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Complaint and Warrant; Witnesses; Number Limited |
On complaint to any judge or justice mentioned in the preceding section that a criminal offense has been committed, he shall examine, on oath, the complainant a… |
Proofed
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62-1-3 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Where Warrant May Be Executed; Indorsement by Foreign Justice Thereon |
If a person charged with an offense shall, after or at the time the warrant is issued for his apprehension, escape from or be out of the county in which the off… |
Proofed
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62-1-4 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Delivery of Prisoner and Return of Warrant |
An officer arresting a person under a warrant for an offense shall bring such person before, and return such warrant to, a justice of the county in which the wa… |
Proofed
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62-1-5 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Transfer of Prisoner to County of Offense |
Where the warrant is issued in a county other than that in which the charge ought to be tried, the justice before whom the accused is brought shall, by warrant,… |
Proofed
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62-1-6 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Admission to Bail; Procedure; Exceptions |
A justice may admit to bail a person who is charged with, but not convicted of, an offense not punishable with death. If the offense be punished by confinement … |
Proofed
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62-1-7 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Bail in County of Arrest |
A person charged with an offense not punishable with death or confinement in the penitentiary, and who is to be taken to another county for examination or trial… |
Proofed
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62-1-8 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Bail Piece; Surrender of Accused by Surety |
In all cases in which a recognizance, at the suit of this State, heretofore has been or shall be entered into, it shall be the duty of the clerk of the court in… |
Proofed
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62-1-9 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Adjournment of Hearing by Justice; Recognizance; Commitment |
A justice may adjourn an examination pending before him, not exceeding ten days at one time, without the consent of the accused, and to any place in the county.… |
Proofed
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62-1-10 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Forfeiture of Recognizance; Proceedings Thereon |
If the person so recognized do not appear at the time so appointed, the justice shall certify the recognizance and the fact of such default to the circuit, inte… |
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62-1-11 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Commitment for Further Examination |
If the accused is committed, it shall be by an order of the justice, stating that he is committed for further examination on a day specified in the order; and o… |
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62-1-12 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Conduct of Examination; Separation of Witnesses; Reduction of Testimony to Writing |
The justice before whom any person is brought for an offense, if demanded by such person, shall, as soon as may be, in the presence of such person, examine, on … |
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62-1-13 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Discharge or Commitment on Examination; Recognizance of Witnesses |
The justice shall discharge the accused if he consider that there is not sufficient cause for charging him with the offense; and he shall commit him to jail if … |
Proofed
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62-1-14 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Form of Commitment and Recognizance; Return by Justice to Court |
When a justice so considers that there is sufficient cause for charging the accused with the offense, unless it be a case wherein it is otherwise specially prov… |
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62-1-15 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Certification of Examination and Recognizance to Clerk of Court |
Every examination and recognizance taken under the provisions of this article shall, by the judge or justice taking it, be certified to the clerk of the circuit… |
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62-1-16 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Hearing by Several Justices |
A justice to whom complaint is made, or before whom a prisoner is brought, may associate with himself one or more justices of the county, and they may together … |
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62-1-17 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Order Discharging Recognizance or Superseding Commitment; Recognizance Not to be Quashed for Informality |
Every order discharging a recognizance shall be filed with the clerk of the proper court before the day of the court on which the party was to appear, and an or… |
Proofed
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62-1-18 |
Ch. 62 — CRIMINAL PROCEDURE |
Arrest, Commitment and Bail, Searches and Seizures |
Search Warrants; For What Property Issued; Direction and Execution; Disposition of Property |
If there be complaint, on oath, that personal property has been stolen, embezzled, or obtained by false pretenses, and that it is believed to be concealed in a … |
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62-2-1 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Prosecutions to be by Presentment or Indictment |
Prosecutions for offenses against the State, unless otherwise provided, shall be by presentment or indictment. The trial of a person on a charge of felony shall… |
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62-2-2 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Name of Prosecutor and County of Residence on Indictment; Security for Costs |
In a prosecution for a misdemeanor, the name of the prosecutor, if there be one, and the county of his residence, shall be written at the foot of the presentmen… |
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62-2-3 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Costs Against Prosecutor |
If any proceeding for an offense, had or moved at the instance of a prosecutor, be dismissed, or the accused discharged from the accusation, the court or justic… |
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62-2-4 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Indictment for Perjury; Allegations |
In an indictment or accusation of perjury or subornation of perjury, it shall be sufficient to state the substance of the offense charged against the accused, a… |
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62-2-5 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Indictment for Embezzlement; Allegations; Proof |
In a prosecution against a person accused of embezzling, or fraudulently converting to his own use, bullion, money, bank notes, or other security for money, it … |
Proofed
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62-2-6 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Indictment for Forgery; Allegations; Copy of Forged Instrument Not Necessary |
In a prosecution for forging, or altering, or attempting to employ as true, any forged instrument or other thing, and in a prosecution for any of the offenses m… |
Proofed
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62-2-7 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Proof of Possession of or Title to Property |
In a prosecution for an offense committed upon or relating to or affecting real estate, or for stealing, embezzling, destroying, injuring, or fraudulently recei… |
Proofed
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62-2-8 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Allegations of Intent to Injure, Cheat or Defraud; Variance |
Where an intent to injure, defraud, or cheat is required to constitute an offense, it shall be sufficient, in an indictment or accusation therefor, to allege ge… |
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62-2-9 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Unnecessary Allegations May be Omitted |
All allegations, unnecessary to be proved, may be omitted in any indictment or other accusation. |
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62-2-10 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Defects Not Invalidating Indictment |
No indictment or other accusation shall be quashed or deemed invalid for omitting to set forth that it is upon the oaths of the jurors, or upon their oaths and … |
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62-2-11 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Defects Cured by Verdict |
Judgment in any criminal case, after a verdict, shall not be arrested or reversed upon any exception to the indictment or other accusation, if the offense be ch… |
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