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62-2-12 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
When Imprisoned Person Must be Indicted; Limitation of Time |
A person in jail, on a criminal charge, shall be discharged from imprisonment if he be not indicted before the end of the second term of the court, at which he … |
Proofed
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62-2-13 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Process, Capias and Summons in Criminal Cases |
When an indictment or presentment is found or made, the court shall award process against the accused to answer the same, if he be not in custody. Such process,… |
Proofed
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62-2-14 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Direction and Execution of Process; Several Writs; Certificate to Accused |
The fifth and eleventh sections of article three, chapter fifty-six of this Code shall apply to process in criminal as well as in civil cases. And any summons t… |
Proofed
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62-2-15 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Mailing of Process by Clerk to Officer |
The clerk of every court shall forward by mail all process issued for the State, directed to the officer of any county other than his own, and pay the postage t… |
Proofed
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62-2-16 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Where Process May be Executed |
When process of arrest in a criminal prosecution is issued from a court during its session, either against a party accused or a witness, the officer to whom it … |
Proofed
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62-2-17 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Delivery of Prisoner to Court or Jailer |
An officer who, under a capias from a court, arrests a person accused of an offense not bailable, or for which bail is not given, shall deliver the accused to s… |
Proofed
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62-2-18 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Admission to Bail by Officer Making Arrest |
A person arrested on a capias, to answer or hear judgment on a presentment or indictment for a misdemeanor (other than is mentioned in the first section of arti… |
Proofed
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62-2-19 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Prosecutions Relating to License Taxes, Offenses Against Public Policy, and Where Punishment is Fine Only; Speedy Trial |
On any indictment or presentment founded on any provision of article twelve, chapter eleven, or article ten, chapter sixty-one of this Code, or for any statutor… |
Proofed
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62-2-20 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Exceptions to Indictments Relating to License Taxes and Offenses Against Public Policy |
No exceptions shall be allowed for any defect or want of form in any presentment or indictment founded on any provision of article twelve, chapter eleven, or ar… |
Proofed
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62-2-21 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Second Capias or Trial After Summons in Misdemeanor Cases Not Covered in Section 19 |
In prosecutions for misdemeanors, in cases not embraced in section nineteen of this article, if a capias be returned not found, after a summons is returned exec… |
Proofed
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62-2-22 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
No Discontinuance of Criminal Prosecution by Failure to Award Process or Enter Continuance |
There shall be no discontinuance of any criminal prosecution by reason of the failure of the court to award process, or to enter a continuance on the record. |
Proofed
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62-2-23 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Prosecutions Against Corporations; Trial Without Appearance |
On any indictment or presentment against a corporation, if a summons be served according to the provisions of sections thirteen or fourteen, article three, chap… |
Proofed
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62-2-24 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Joinder of Counts |
A count for receiving stolen goods or for embezzlement may be joined with a count for larceny, in the same indictment; and a count for false swearing may be joi… |
Proofed
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62-2-25 |
Ch. 62 — CRIMINAL PROCEDURE |
Presentments and Indictments |
Compromise or Suppression of Indictment or Presentment; Penalty |
If any prosecuting attorney shall compromise or suppress any indictment or presentment without the consent of the court entered of record, he shall be deemed gu… |
Proofed
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62-3-1 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Time for Trial; Deposition of Witnesses for Accused; Counsel, Copy of Indictment, and List of Jurors for Accused |
When an indictment is found in a court having jurisdiction, in any county, against a person for a felony, the accused, if in custody, or if he appear in dischar… |
Proofed
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62-3-2 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Presence of Accused During Trial; Arraignment; Plea |
A person indicted for felony shall be personally present during the trial therefor. If he refuse to plead or answer, and do not confess his guilt, the court sha… |
Proofed
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62-3-3 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Selection of Jury in Felony Cases; Striking Jurors |
In a case of felony, twenty jurors shall be drawn from those in attendance for the trial of the accused. If a sufficient number of jurors for such panel can not… |
Proofed
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62-3-4 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Challenges |
No challenge of a juror other than that provided for in the preceding section shall be allowed the State or the accused, except for cause, and all challenges sh… |
Proofed
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62-3-5 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Opposition of Juror to Capital Punishment |
A person whose opinions are such as to prevent him from convicting any one of an offense punishable with death, shall not be allowed to serve as a juror on a tr… |
Proofed
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62-3-6 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Custody of Jury; Expenses; No Conversations With Jurors |
After a jury in a case of felony is impaneled and sworn, they shall be kept together and furnished with suitable board and lodging by the sheriff or other offic… |
Proofed
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62-3-7 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Filling Vacancy in Jury; Discharge of Jury |
If a juror, after he is sworn, be unable, from any cause, to perform his duty, the court may, in its discretion, cause another qualified juror to be sworn in hi… |
Proofed
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62-3-8 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Jury Where Defendants Tried Jointly; Striking Jurors; Separate Trial |
Persons indicted and tried jointly, for a felony, shall be allowed to strike from the panel of jurors not more than six thereof, and only such as they all agree… |
Proofed
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62-3-9 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Trial of Insane Person; Finding as to Sanity; Procedure After Verdict of Sanity or Insanity |
No person shall, while he is insane, be tried for a criminal offense. If a court in which a person is indicted for a criminal offense see reasonable ground to d… |
Proofed
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62-3-10 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Insanity After Conviction |
If, after conviction and before sentence of any person, the court see reasonable ground to doubt his sanity, it may impanel a jury to inquire into the fact as t… |
Proofed
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62-3-11 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Imprisonment of Offender Returned From Hospital for Insane; Procedure Thereafter |
When the superintendent of the state hospital for the insane shall give notice to the clerk of the court, in pursuance of section eight, article four, chapter t… |
Proofed
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62-3-12 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Acquittal Because of Insanity; Commitment to Jail or Hospital |
When a prisoner tried for an offense is acquitted by the jury by reason of his being insane, the verdict shall state the fact; and thereupon the court may, if i… |
Proofed
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62-3-13 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Change of Venue; Recognizance or Commitment in Case of; Duties of Clerk |
A court may, on the petition of the accused and for good cause shown, order the venue of the trial of a criminal case in such court to be removed to some other … |
Proofed
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62-3-14 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Conviction of Part of Offense Charged in Indictment |
If a person indicted for a felony be by the jury acquitted of part and convicted of part of the offense charged, he shall be sentenced by the court for such par… |
Proofed
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62-3-15 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Verdict and Sentence in Murder Cases |
If a person indicted for murder be found by the jury guilty thereof, they shall in their verdict find whether he is guilty of murder of the first or second degr… |
Proofed
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62-3-16 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Verdicts Jury May Find on Indictments for Homicide or Assault |
On an indictment for felonious homicide, the jury may find the accused not guilty of the felony, but guilty of involuntary manslaughter. And on any indictment f… |
Proofed
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62-3-17 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Verdicts Jury May Find in Prosecution for Larceny |
In a prosecution for grand larceny, if it be found that the thing stolen is of less value than twenty dollars, the jury may find the accused guilty of petit lar… |
Proofed
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62-3-18 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Conviction of Attempt on Felony Charge; Verdict of Not Guilty a Bar |
On an indictment for felony, the jury may find the accused not guilty of the felony, but guilty of an attempt to commit such felony; and a general verdict of no… |
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62-3-19 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Faulty Counts in Indictment; General Verdict |
Where there are several counts in an indictment, and a general verdict of guilty is found, judgment shall be entered against the accused, if any count be good, … |
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62-3-20 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Joint Trial; Verdict and Judgment |
Where two or more persons are charged and tried jointly, the jury may render a verdict as to any of them as to whom they may agree; whereupon judgment shall be … |
Proofed
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62-3-21 |
Ch. 62 — CRIMINAL PROCEDURE |
Trial of Criminal Cases |
Discharge for Failure to Try; Exceptions |
Every person charged with felony, and remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if … |
Proofed
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62-4-1 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Fines to Accrue to State for Support of Free Schools, Unless Otherwise Provided |
Unless otherwise expressly provided, or manifestly inconsistent with the intention of the legislature, every fine or forfeiture imposed by or under an act of th… |
Proofed
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62-4-2 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Allowance to Informer or Person Prosecuting; Prerequisites |
Although a law may allow an informer or person prosecuting to have part of a fine, the whole thereof shall go to the State for the support of the free schools, … |
Unreviewed
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62-4-3 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Fine and Imprisonment or Any Punishment Must be by Indictment or Presentment, Unless Otherwise Provided |
Where fine and imprisonment, or fine and any punishment is imposed by law, the proceeding shall be by indictment or presentment in the circuit court, or other c… |
Proofed
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62-4-4 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Recovery of Fines Before Justice or in Court |
Where a fine alone is imposed, if it be in a case mentioned in section one, article eighteen, chapter fifty of this Code, it may be recovered upon warrant of a … |
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62-4-5 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Form of Proceedings |
The proceedings in all cases shall be in the name of the State, unless otherwise specially provided. If before a justice, the proceedings shall be according to … |
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62-4-6 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Remission of Fines by Governor |
Fines may be remitted by the governor, subject to the provisions of sections sixteen and seventeen, article one, chapter five of this Code. |
Proofed
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62-4-7 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
No Remission of Fines by Courts, Save for Contempt |
No court shall remit any fine except for contempt, which the court during the same term may remit either wholly or in part. This section shall not impair the ju… |
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62-4-8 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Duties of Prosecuting Attorney in Relation to Fines |
It shall be the duty of the prosecuting attorney of every county to institute and prosecute in the circuit court, or other court having jurisdiction thereof, as… |
Proofed
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62-4-9 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Capias Profine; Release of Defendant on Bond; Default |
When a judgment for fine and costs is rendered by a circuit court, or other court of record having jurisdiction in criminal cases, the court may order a capias … |
Proofed
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62-4-10 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Discharge From Confinement; Allowances for Labor While so Confined |
Any person imprisoned for the purposes stated in the preceding section may be discharged from confinement at any time by the court wherein he was sentenced, and… |
Proofed
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62-4-11 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Fieri Facias for Collection of Fines |
On every judgment for a fine rendered by a circuit court, or other court of record having jurisdiction in criminal cases, if no special order be made by the cou… |
Proofed
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62-4-12 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
List of Fines for Auditor; Contents; Fees of Clerk |
The clerk of every circuit court, or other court of record having jurisdiction in criminal cases, shall, within thirty days succeeding the first day of July in … |
Proofed
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62-4-13 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Failure of Clerk to Transmit List of Fines; Penalty |
If any clerk shall fail to transmit the list to the auditor, as provided for in the preceding section, within the time and in the manner prescribed, or in case … |
Proofed
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62-4-14 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
How Fines Charged by Auditor; Sheriff’s Liability for Same; Repayment to Sheriff for Uncollected Fines |
Upon the receipt of the list aforesaid, the auditor shall charge the fines mentioned therein as follows: He shall debit the sheriff or other collecting officer … |
Proofed
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62-4-15 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Limitation Upon Collection of Fines |
No prosecution by warrant for the recovery of a fine shall be commenced, unless it be done within one year after there was cause therefor, except in cases where… |
Proofed
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