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62-4-16 |
Ch. 62 — CRIMINAL PROCEDURE |
Recovery of Fines in Criminal Cases |
Offenders Against Municipal Ordinances May be Required to Work on Streets |
Whenever any person shall be convicted for any violation of ordinances or laws of any incorporated city, town or village, and shall be confined in the county ja… |
Proofed
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62-5-1 |
Ch. 62 — CRIMINAL PROCEDURE |
Costs, in Criminal Cases |
Payment of Witnesses |
Sections sixteen and seventeen of article one, and section sixteen of article two, chapter fifty-nine of this Code shall apply to a person attending as a witnes… |
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62-5-2 |
Ch. 62 — CRIMINAL PROCEDURE |
Costs, in Criminal Cases |
Payment of Witness Fees by Prosecutor |
The sum to which a witness is entitled who attends for the State, and any other legal charges incurred in a case wherein there is a prosecutor, shall be paid by… |
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62-5-3 |
Ch. 62 — CRIMINAL PROCEDURE |
Costs, in Criminal Cases |
Payment of Witness Fees in Misdemeanor Cases |
Payment shall not be made out of the treasury to a witness attending for the State in any prosecution for a misdemeanor, but the fees of witnesses in such cases… |
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62-5-4 |
Ch. 62 — CRIMINAL PROCEDURE |
Costs, in Criminal Cases |
Fees of Officer Executing Process or Rendering Service Not Specifically Provided for, Out of County, in Felony Cases |
A sheriff or other officer, for traveling out of his county to execute process in a case of felony and doing any act in the service thereof for which no other c… |
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62-5-5 |
Ch. 62 — CRIMINAL PROCEDURE |
Costs, in Criminal Cases |
Certificate by the Court as to Fees and Expenses |
The certificate required by section fifteen, article one, chapter fifty-nine of this Code shall be made by the court in which the prosecution is, or to which th… |
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62-5-6 |
Ch. 62 — CRIMINAL PROCEDURE |
Costs, in Criminal Cases |
Expenses of Preliminary Hearing Before Justice Certified to Clerk |
A justice before whom there is any proceeding in a criminal case, preliminary to prosecution in a circuit court or other court of record having jurisdiction in … |
Proofed
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62-5-7 |
Ch. 62 — CRIMINAL PROCEDURE |
Costs, in Criminal Cases |
Execution for Expenses Incident to Prosecution |
In every criminal case the clerk of the court in which the accused is convicted shall, as soon as may be, make up a statement of all the expenses incident to th… |
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62-5-8 |
Ch. 62 — CRIMINAL PROCEDURE |
Costs, in Criminal Cases |
Failure to Present Claim in Time |
If, by reason of the failure of a person to present his claim in due time, a sum be not included in such execution, which would have been included if so present… |
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62-5-9 |
Ch. 62 — CRIMINAL PROCEDURE |
Costs, in Criminal Cases |
No Fee to Prosecuting Attorney Out of State Treasury Unless Expressly Provided; No Judgment Against State for Costs |
No fee to any prosecuting attorney shall be payable out of the treasury, unless it be expressly provided. And in no case shall there be a judgment against the S… |
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62-6-1 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
Witnesses in Criminal Cases; Forced Attendance |
In a criminal case, a summons for a witness may be issued by the prosecuting attorney. Sections one, four, five, six and eight, article five, chapter fifty-seve… |
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62-6-2 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
When Recognizance Required; Contents |
A court or judge letting any person to bail shall require a recognizance to be given.
Recognizances in criminal cases shall be payable to the State of West Vi… |
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62-6-3 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
Recognizance of Lunatic or Minor |
A recognizance which would be taken of a person but for his being insane or a minor, may be taken of another person, and without further surety, if such other p… |
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62-6-4 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
Failure to Give Recognizance; Commitment to Jail; Release |
A person not giving, and for whom no other person gives, a recognizance required shall be committed to jail. He shall be discharged therefrom when such recogniz… |
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62-6-5 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
Recognizance Taken Out of Court |
A person taking a recognizance out of court shall forthwith transmit it to the clerk of the court for appearance before which it is taken, or, if it be not for … |
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62-6-6 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
Proceedings on Recognizance on Default |
When a person under recognizance in a criminal case, either as a party or witness, fails to perform the condition thereof, if it be to appear before a court, hi… |
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62-6-7 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
Payment by Surety in Recognizance; Remission of Penalty |
A surety in a recognizance may, after default, pay into the court from which process has issued or may issue thereon, or to the justice authorized to give judgm… |
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62-6-8 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
No Recognizance Defeated if Substantially Sufficient |
No action or judgment on a recognizance shall be defeated or arrested by reason of any defect in the form of the recognizance, if it appear to have been taken b… |
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62-6-9 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
Surrender of Principal in Recognizance by Surety; New Bail |
A surety in a recognizance may at any time take his principal and surrender him to the court or judge before whom the recognizance was taken, or if it was taken… |
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62-6-10 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
Failure of Juror to Attend Inquest Out of Court |
The name of any person summoned by an officer, and failing to attend as a juror upon an inquest out of court, shall be returned by such officer at the next term… |
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62-6-11 |
Ch. 62 — CRIMINAL PROCEDURE |
Recognizances in Criminal Cases |
Proceedings for Fines for Contempt or Disobedience of Process |
No court shall impose a fine upon a juror, witness, or other person, for disobedience of its process or any contempt, unless he be present in a court at the tim… |
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62-7-1 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Stay of Proceedings |
Upon the application of any person entitled, under the provisions of article four, chapter fifty-eight of this Code, to an appeal or writ of error from a judgme… |
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62-7-2 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Period of Stay When Writ of Error Awarded |
A writ of error, awarded under the provisions of article five, chapter fifty-eight of this Code to any judgment of a circuit court referred to in the preceding … |
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62-7-3 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Execution of Death Sentence |
Sentence of death, except for insurrection or rebellion, shall not be executed sooner than thirty days after the sentence is pronounced. The sentence of death s… |
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62-7-4 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Certificate of Death Sentence and Indictment to be Sent to Warden; Transfer of Convict to Penitentiary; Persons Present at Hanging |
The clerk of the court pronouncing the sentence of death shall, as soon as may be, after sentence, deliver a certified copy thereof to the proper officer of suc… |
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62-7-5 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Record of Execution |
The officer executing the sentence of death shall certify the fact to the clerk of the court by which such sentence was imposed, who shall file such certificate… |
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62-7-6 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Disposition of Body of Executed Convict |
If the friends and relatives of the convict shall desire and make request in writing to the warden, at any time within one day after the sentence of death has b… |
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62-7-7 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Custody of Convicts Prior to Removal to Penitentiary; Removal; Guards |
Every person sentenced to confinement in the penitentiary shall remain in the custody of the proper officer of the court pronouncing such sentence until he be d… |
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62-7-8 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Prevention of Rescue or Escape; Additional Guards |
If on the way to the penitentiary or other place, in consequence of an attempt made, or reasonably apprehended, to rescue the prisoner, or in consequence of any… |
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62-7-9 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Immunity of Guards From Arrest |
All guards while proceeding to the place where a prisoner is confined for the purpose of removing him to the penitentiary or other place, and while engaged in s… |
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62-7-10 |
Ch. 62 — CRIMINAL PROCEDURE |
Execution of Sentences; Stays |
Transmission of Copy of Indictment, Conviction and Sentence by Clerk to Warden of Penitentiary |
The clerk of a court in which a person is sentenced to the penitentiary shall forthwith transmit to the warden thereof a copy of the indictment, conviction and … |
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62-8-1 |
Ch. 62 — CRIMINAL PROCEDURE |
Crimes By and Proceedings Against Convicts |
Offenses by Convicts; Conspiracy |
A convict confined in the penitentiary, or in the custody of an officer thereof, shall be deemed guilty of a felony if he shall kill, wound, or inflict other bo… |
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62-8-2 |
Ch. 62 — CRIMINAL PROCEDURE |
Crimes By and Proceedings Against Convicts |
Punishment of Convicts; No Discharge From Penitentiary While Prosecution is Pending |
A convict guilty of such killing as is mentioned in the first section of this article, or any act mentioned therein, from which death ensues to such officer or … |
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62-8-3 |
Ch. 62 — CRIMINAL PROCEDURE |
Crimes By and Proceedings Against Convicts |
Venue of Trials of Convicts |
All criminal proceedings against convicts in the penitentiary shall be in the circuit court of the county of Marshall. |
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62-8-4 |
Ch. 62 — CRIMINAL PROCEDURE |
Crimes By and Proceedings Against Convicts |
Procedure in Sentencing Convicts to Further Confinement for Second and Third Offenses |
When a prisoner convicted of an offense, and sentenced to confinement therefor in the penitentiary, is received therein, if he was as before sentenced to a like… |
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62-8-5 |
Ch. 62 — CRIMINAL PROCEDURE |
Crimes By and Proceedings Against Convicts |
Prosecutions for Offenses Under This Article; Procedure Prior to Trial |
Upon complaint in writing, under oath, presented to the circuit court of Marshall county, or to the judge thereof in vacation, that any convict in the penitenti… |
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62-8-6 |
Ch. 62 — CRIMINAL PROCEDURE |
Crimes By and Proceedings Against Convicts |
Convicts Competent Witnesses; Procedure of Trial |
In any such prosecution of convicts, all other convicts in the penitentiary shall be competent witnesses for or against the accused. In all other respects, the … |
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62-9-1 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
General Form of Indictments |
All indictments in this State, if procured, found and returned in all other respects as provided by law, shall be sufficient if in the following form:
State o… |
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62-9-2 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Treason |
An indictment for treason shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A..................… |
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62-9-3 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Murder |
An indictment for murder shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A...................… |
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62-9-4 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Voluntary Manslaughter |
A grand jury may, in a case of homicide, which in their opinion amounts to manslaughter only, and not to murder, find an indictment against the accused for mans… |
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62-9-5 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Abortion |
An indictment for abortion shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A.................… |
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62-9-6 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Robbery |
An indictment for robbery shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A..................… |
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62-9-7 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Rape |
An indictment for rape shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A.....................… |
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62-9-8 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Arson |
An indictment for arson shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one): That A......................… |
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62-9-9 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Burglary |
An indictment for burglary shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A.................… |
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62-9-10 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Larceny |
An indictment for larceny shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A..................… |
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62-9-11 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Embezzlement |
An indictment for embezzlement shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A.............… |
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62-9-12 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for False Pretenses |
An indictment for false pretenses shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):
That A...........… |
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62-9-13 |
Ch. 62 — CRIMINAL PROCEDURE |
Forms of Indictments |
Indictment for Taking, Injuring or Destroying Property |
An indictment for taking and carrying away, injuring, destroying or defacing real and personal property, shall be sufficient if it be in form, tenor or effect a… |
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