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Civil and Criminal codes of practice of Kentucky online

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J 15. What prosecutions may be removed from circuit into city, magistrates', or

police courts.
J 16. Court may require grand jury to state, in the indictment, the locality of

offences within the jurisdiction of city or police courts.
J 17. Jurisdiction of the Senate embraces the whole Commonwealth,
j 18. Local jurisdiction of circuit and justices' courts.
$ 19. Local jurisdiction of city and police courts.

J 20. Jurisdiction over river, which bounds two counties, is in courts of either.
\ 21. If offence committed in part in each of two counties jurisdiction in either.
\ 22, 23. Certain offences may be prosecuted in one of several counties.
\ 24. Defendant to be tried in county in which he is first indicted, or arrested.
J 25. Circuit court may restrain inferior courts by writ of prohibition.

§ 13 [10]. Jurisdiction of various courts. The jurisdiction of the
courts of this Commonwealth, for the trial of offences, shall be as
follows :

1. The Senate of Kentucky shall have exclusive jurisdiction of
impeachments.

2. The Court of Appeals of Kentucky shall have exclusive juris-
diction of proceedings for the removal of clerks of courts from office.

3. The circuit courts shall have general jurisdiction for the trial
of all prosecutions and penal actions, unless exclusive jurisdiction be
given to other courts (a).

4. City and police courts shall have exclusive jurisdiction of all
prosecutions and actions, for an infraction of the by-laws or ordinances
of the city or town in which they are located, and concurrent jurisdic-
tion with the circuit courts, and justices' courts, of prosecutions for
misdemeanors committed in the town or city, the punishment of which
is a fine not exceeding one hundred dollars, and, also, such jurisdiction
as is, or may be, provided by the special statutes creating or regulating
such courts.

5. Justices' courts shall have jurisdiction, concurrent with city or
police courts, but exclusive of circuit courts (except of indictments in
the circuit court against surveyors of public roads), of prosecutions
for offences the punishment of which is limited to a fine not exceeding
ten dollars, and concurrent jurisdiction with the circuit courts in pros-
ecutions for offences the punishment of which is limited to a fine not
exceeding one hundred dollars [or imprisonment not exceeding fifty



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TITLE II.] CRIMINAL JURISDICTION OF THE COURTS. 5

days, or both such fine and imprisonment. (Act of March 6, 1 878)].
£And in all cases of riots, routs, breaches of the peace, affrays, and
unlawful assemblies. (Act of April 6, 1878)].

6. Judges of county courts shall have the same original criminal
jurisdiction as justices' courts.

(a) Where the indictment charged the maintenance of a nuisance upon a public high-
way, for such a length of time as to aggregate more than ten dollars fine, the circuit court
had jurisdiction. 6 Bush, 296.

§ 14 [1 1]. Indictment gives jurisdiction of all degrees of offence, and
all included offences. If an indictment be found in the circuit court for
an offence within its jurisdiction, such court shall have jurisdiction in
that prosecution of all the degrees of such offence (a), and of all offences
included in the one charged, although some of those degrees or in-
cluded offences are within the exclusive jurisdiction of an inferior or
local court (b).

(a) See Criminal Code, §§ 262, 263.

(h) An act giving the Henderson City court exclusive jurisdiction of pleas of the Com-
monwealth, except case of felony, did not deprive the circuit court of jurisdiction of the
lesser grade of an offence included in an indictment for felony. 5 Bush, 301.

§ x 5 [ I2 ]- What cases circuit courts may remoi>e to inferior courts.
When prosecutions have been commenced in the circuit court, of which
a city, magistrates', or police court has concurrent jurisdiction, they
may, by an order of the circuit court, be removed into such city, magis-
trates', or police court for trial. Upon such order being made, the
clerk of the circuit court shall deliver to the clerk of the city, magis-
trates', or police court, all the papers relating to the prosecutions, and
a copy of the order of removal, and thereupon the defendant shall be
bound to appear in said police, magistrates', or city court, and the
prosecution be carried on to final judgment and execution, as if com-
menced in such court.

§ 16 [ 1 3]. In such cases may require grand jury to give locality of offence.
The judges of circuit courts may require the grand juries, in prosecu-
tions for misdemeanors within the local jurisdiction of city or police
courts, to state in the indictments that such misdemeanors were com-
mitted within the town or city, or other local limits of the jurisdiction
of the city or police courts.

§ 17 [14]. Territorial jurisdiction of the Senate. The jurisdiction of
the Senate and Court of Appeals embraces the whole Commonwealth.

§ *8 [}$]• Local jurisdiction of circuit and justices' courts. The local
jurisdiction of circuit courts and justices' courts shall be of offences
committed within the respective counties in which they are held.



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6 CRIMINAL JURISDICTION OF THE COURTS. [TITLE H.



1. The jurisdiction of courts in counties on the Ohio river extends to the low water
mark on the other side. 2 Met. t 394.

2. A thief who stole property in Tennessee and sold it in Kentucky was indictable in
the county wherein he sold it (1 Duv. f 153); and a thief who steals property in Kentucky
is indictable in the county where he stole it or in any county to which he carried it. 83
A>., 258, 259.

3. Receiving stolen property, knowing it to have been stolen, is a complete offence
and indictable in the county in which the property was received, and not where it was
stolen. 83 A>., 254.

4. An accessory to murder, after the fact, is indictable where the accessorial act was
done. 13 Bush, 142.

5. A sold and delivered in Ohio a free negro, representing him to be a slave, and
received the purchase-money in Kentucky. The offence was indictable in Kentucky.
I Met., I.

6. Bigamy, by marrying in Tennessee, is not indictable in Kentucky. 86 Ky.^ 122.

§ J 9 t 1 ^]- Of police or city courts. The local jurisdiction of police
or city courts shall be of offence committed within the limits of the
jurisdiction of such courts, as prescribed by the special statutes creating
or regulating them.

§ 20 [17]. Jurisdiction over river bounding two counties. If a river be
the boundary between two counties, the criminal jurisdiction of each
county shall embrace offences committed on the river, or on any island
thereof.

§ 21 [18]. Certain offences may be prosecuted in one of several counties.
If an offence be committed partly in one and partly in another county,
or if acts, and their effects constituting an offence occur in different
counties, the jurisdiction is in either county. [But all prosecutions
against persons publishing a newspaper for any libelous matter con-
tained therein shall be had in the county where the same is printed and
issued, or in the county where the party complaining resides. (Act of
May 18, 1886)].

§ 22 [19]. Same. If the offence consisted of importing any prop-
erty into the Commonwealth, the jurisdiction shall be in any county
into which the property may be imported.

§ 23 [20]. Same. If the offence consist of kidnapping, or seizing
or confining a person without lawful authority, the jurisdiction shall be
in the county in which the kidnapping, seizing, or confining was com-
mitted, or in any county in which it was continued.

§ 24 [21]. Defendant to be tried in county where first indicted or
arrested. If the jurisdiction of an offence be in two or more counties,
the defendant shall be tried in the county in which he is first arrested,
unless an indictment for the offence be pending in another county.

This does not give to the prisoner the right to choose the venue. 90 Ky. % 485.



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CHAP. I.] WARRANT OF ARREST.



§ 2$ [22]. Writs 0/ prohibition from circuit courts. The circuit court
of any county may, by writ of prohibition, restrain all other courts of
inferior jurisdiction in the limits of the county from exceeding their
criminal jurisdiction.



TITLE III.

PROCEEDINGS FOR THE ARREST OF CRIMINALS.

Chap. i. Warrant of arrest.

4 4 2. Arrest, by whom and how made.



CHAPTER I.

Warrant of Arrest.

§ 26. Magistrate may issue and peace officer may execute warrants of arrest. Who are

magistrates, and who peace officers.

§ 27. Nature and form of warrant of arrest.

J 28. Person arrested for a misdemeanor may give bail before the sheriff.

§ 29. Duty of sheriff in taking bail.

§ 30. Deviation from section 29 not to invalidate bail-bond.

\ 31. When a magistrate shall issue a warrant of arrest.

g 32. Magistrate may examine witnesses to ascertain the person guilty of a felony.

§ $$. Return of officer executing warrant of arrest.

§ 34. When the return may be by mail.

§ 26 [23]. Who may issue and execute warrants. Who are magistrates
and peace officers. A warrant of arrest may be issued by the following
officers, who are called magistrates in this Code, viz.: judges of the
county courts, judges of city or police courts, mayors, chairmen of the
trustees of towns, and justices of the peace ; and may be executed by
the following officers, who are called peace officers in this Code, viz.:
sheriffs, constables, coroners, jailers, marshals, and policemen.

§ 27 [24]. Nature and form of warrant. A warrant of arrest shall,
in general terms, name or describe the offence charged to have been
committed, state the county in which it was committed, and command
the officer to whom it is directed, to arrest the person named therein
as the offender, and bring him before some magistrate of the county in
which the offence was committed, to be dealt with according to law. It
may be substantially in the following form, varying the terms to suit
the case:

56



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8 WARRANT OF ARREST. [TITLE III.

The Commonwealth of Kentucky to any sheriff, constable, coroner, jailer,
marshal, or policeman, of the State of Kentucky :

It appearing that there are reasonable grounds for believing that A B
has committed the offence of larceny in the county of Franklin, you are
therefore commanded forthwith to arrest A B, and bring him before
some magistrate of Franklin county, to be dealt with according to law.

, justice of the peace for Franklin county.

Summon as witnesses E F and J K.

§ 28 [25]. Defendant arrested for misdemeanor may give bond immedi-
ately. If the offence charged be a misdemeanor, the person arrested
may immediately give bail for appearing, on a day to be named in the
bail-bond, either before the magistrate who issued the warrant, or the
judge of the county court, for an examination of the charge, or before
the court having jurisdiction to try the offence ; and an indorsement to
that effect, stating the amount of the bail to be given, and that the bail
may be taken by the sheriff of the county where the arrest is made,
or where the offence was committed [or by any constable making the
arrest {Act of April 19, 1890)], shall be made or. the warrant of arrest,
and such indorsement shall authorize the sheriff, or his deputy [or any
such constable (Act of April 19, 1890)], to take the bail (a).

[When any persori charged with a misdemeanor shall be lodged in
jail in default of bail, it shall be the duty of the jailer to at once notify
the county judge and county attorney of the fact, if the court in which
the prisoner has been indicted, or before which he has been ordered to
appear, is not in session.

The judge shall thereupon direct the clerk of the circuit court to
deliver to him a certified copy of the record in his possession by virtue
of which the prisoner was arrested and is detained, and shall, upon
receiving such record, order the prisoner to be brought before him at
the court-house, and give notice of the fact to the county attorney, who
shall prosecute. He shall give the accused notice of the charge against
him, and proceed at once to try the case, or fix a day for its trial, and
issue summons for such witnesses as may be needed by either party.
If the prisoner has no attorney, and is too poor to employ one, the
court shall, at his request, appoint an attorney to defend him.

The trial and proceedings after judgment shall be in all respects the
same as if the case was tried in the circuit court.

If, at the end of any term of a circuit court, there shall be persons
in jail under indictment for misdemeanor, the court shall make an order
transferring all such indictments to the county court, and the circuit
clerk shall, immediately upon the adjournment, furnish a copy of the



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CHAP. I.] WARRANT OF ARREST.



record in such cases to the county judge, who shall proceed to try such
persons as hereinbefore provided.

An appeal may be taken from the judgment of the county judge in
misdemeanor cases as provided in the Criminal Code in appeals in mis-
demeanor cases. (Act of 1893, S. A., 1055)].

{a) See J 144 as to arrest on bench-warrant by other officers than sheriffs.

§ 29 [26]. Officer taking the bail shall fix day for appearance. If the
defendant give bail for his appearance before the magistrate, for an
examination of the charge, as provided in the last section, the officer
taking .the bail shall fix the day of the defendant's appearance, which
shall not exceed five days from the day of arrest, unless the arrest be
made in a different county from that in which the offence was com-
mitted, in which case there may be one day added for every twenty
miles of distance of the place of arrest from the county in which the
offeftce is charged to have been committed.

§ 30 [27]. Deviation from preceding section not to invalidate bond. A
deviation from the provisions of the last section shall not, however,
render the bail-bond invalid.

§ 3 l [ 2 $]- When magistrate shall issue a warrant A magistrate shall
issue a warrant for the. arrest of a person charged with the commission
of a public offence, when, from his personal knowledge, or from informa-
tion given to him on oath, he shall be satisfied that there are reasonable
grounds for believing the charge.

[That if any magistrate, or other officer, authorized to issue warrants
of arrest in felony cases shall do so without first having filed in his office
an affidavit fully specifying the nature of the offence for which the
warrant is issued, and showing probable cause for believing the accused
guilty, or from his own personal knowledge, shall be deemed guilty of a
misdemeanor, and, on conviction thereof by indictment and trial in the
circuit court, fined in any sum not less than one hundred nor more than
two hundred dollars. (Act of May 5, 1880)].

§ 32 [29]. May examine witnesses to ascertain offender. A magistrate,
if satisfied that [any public offence (Act of March 7, 1884)] has been
committed, shall have power to summon before him any persons he
may think proper for examination on oath concerning it, to enable him
to ascertain the offender and to issue a warrant for his arrest

The magistrate has no power to administer an oath unless the matter about which the
examination is had be a public offence. 89 A>., 177.

§ 33 [30]. Return of officer executing warrant. The officer who has
executed a warrant of arrest, shall make a written return on the warrant,



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IO ^ ARREST, BY WHOM AND HOW MADE. [TITLE HL

of the time and manner of executing it, and deliver the warrant to the
magistrate before whom the defendant is brought ; or, if bail be given,
as provided in section 28, the officer shall deliver the warrant and bail-
bond to the magistrate before whom, or to the clerk of the court in
which, the defendant is bound by the bail-bond to appear.

§ 34 [31]- When he may transmit by mail. If the arrest be made in
a different county from that in which the offence is charged to have
been committed, and bail be there given, the officer may transmit the
warrant and bail-bond by mail to the person to whom, by the last sec-
tion, he is required to deliver them.



CHAPTER II.
Arrest, by Whom and How Made.

I 35. Arrest may be made by a peace officer or private person.

I 30, When peace officer may arrest.

\ 37. When private person may arrest.

\ 3S. When a magistrate or judge may orally order an arrest.

{ 30, Persons arresting to gWe information of intention to arrest, and the cause of arrest.

I 40. Officer may break doors to make an arrest.

{41. Otticer making arrest may summon aid.

I 42. How arrest is made.

I 43. No unnecessary force to be used.

} 44. Prisoner escaping may be rearrested.

I 45. How otticer arresting under a warrant to proceed.

I 40. How person arresr.rg without a warrant to dispose of prisoner.

I 47. Rju'.-bocvi un.ier section 46 to be mailed to proper officer.

{ ai When magi>:rate >hali proceed to examination, or trial.

§35 D-l '*"'" ;t> m ** r anrst - ^n arrest roay he made by a peace
officer, or by a private person.

§ 50 [33]. irWt f*\u~c cjncer may arrest. A peace officer (a) may
make an arrest —

1. In obedience to a warrant of arrest delivered to him.

2. Without a warrant, when a public offence is committed in his
presence . ; , or when he has reasonable grounds for believing that the
person arrested has committed a felony (c).

[3. rhat such inrace officer, with a warrant of arrest, when in the

actual pursuit of an offender, may cross a county line for the purpose of

mak ; ng: the arrest, and may make the arrest in the adjoining county.

\A«:s/A*n: 22. ifpo. ]

> TV -:^vxior.$ o: f* < serv -s 17: > *- c-tr pcZiceaKa • 10 £kst, ml; btta person
e*v*e\* » :**e ^ce * x :~ v»* =ra-*>i\ wi: Yxi failed to qaalify. was mot a peace officer,

•• V*e o*e~c* ct Sri* -£ a w^-rat w-^ : - tie bearing, tkoog* aot » s^gta. of peace
cttc**** *~.t « K ^a : v ey »ere so rear : v a: :ber cc**i aot be mistaken as to die ofeader,
%a* o» th<;r r?e«ace. $$ *IV. 555.



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CHAP. II.] ARREST, BY WHOM AND HOW MADE. 1 1



{c) i. Upon this question, the officer has a right to prove the declaration of persons
present at the time of the attempted arrest and indicating the parties supposed to be
guilty. 80 Ky., 387.

2. As to the mode and extent of resisting lawful or unlawful arrests, see 84 Ky., 103;
87 Id., 213; 78 Id., 384, 385; 80 Id., 1; 83 Id., 142; 88 Id., 560.

§37 [34]. When private person may arrest. A private person may
make an arrest, when he has reasonable grounds for believing that the
person arrested has committed a felony.

In Salisbury v. Com., 79 Ky., 425, it was held that a sheriff can not, by written indorse-
ment on a warrant of arrest, authorize a private person to execute it, but that such person
is not thereby deprived of the right to show that he had reasonable grounds for believing
that the person arrested had committed a felony ; and that proof of such appointment is
admissible for that purpose. But in York v. Com., 82 Ky., 360, it was held that the sheriff
can, by writing, authorize a private person to make an arrest; whose power, however, like
that of the sheriff, is limited to the county in which the sheriff resides.

§ 38 [35]- When magistrate or judge may orally order arrest. A mag-
istrate, or any judge, may orally order a peace officer or private person
to arrest any one committing a public offence in the magistrate's or
judge's presence, which order shall authorize the arrest.

§ 39 [36]. Person arrested to be notified of intention and cause of arrest.
The person making the arrest shall inform the person about to be
arrested of the intention to arrest him, and of the offence charged
against him for which he is to be arrested, and, if acting under a
warrant of arrest, shall give information thereof, and, if required, shall
show the warrant.

§ 40 [37]. Officer may break doors to arrest. To make an arrest, an
officer may break open the door of a house in which the defendant
may be, after having demanded admittance, and explained the purpose
for which admittance is desired.

§ 41 [38]. Officer may summon aid. An officer making an arrest may
orally summon as many persons as he deems necessary to aid in making
the arrest, and all persons failing, without reasonable excuse, to obey
the summons, shall be guilty of a misdemeanor, and be punished by
fine and imprisonment, or either.

§ 42 [39]. How arrest is made. An arrest is made by placing the
person of the defendant in restraint, or by his submitting to the custody
of the person making the arrest.

§ 43 [40]. No unnecessary force to be used. No unnecessary force or
violence shall be used in making the arrest.

See 88 Ky., 560.

§ 44 [41]. Prisoner escaping may be pursued and recaptured. If the
defendant, after an arrest, escape or be rescued, the person in whose



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12 ARREST, BY WHOM AND HOW MADE. (TITLE in.

custody he was may immediately pursue and recapture him in any part
of the Commonwealth.

§ 45 [42]. How officer arresting under a warrant to proceed. The officer
making an arrest in obedience to a warrant, shall proceed with the
defendant as directed by the warrant.

§ 46 [43]. Proceedings on arrest without warrant. If an arrest be
made without a warrant, whether by a peace officer or private person,
the defendant shall be forthwith carried before the most convenient
magistrate of the county in which the arrest is made, and the grounds
on which the arrest was made shall be stated to the magistrate ; and
if the offence for which the arrest was made be charged to have been
committed in a different county from that in which the arrest was made,
and the magistrate believe, from the statements made to him on oath,
that there are sufficient grounds for an examination, he shall, by his
written order, commit the defendant to a peace officer, to be conveyed
by him before a magistrate of the county in which the offence is charged
to have been committed; or, if the offence be a misdemeanor, the
defendant may give bail before the magistrate for his appearance before
the judge of the county court of the county in which the offence was
committed, on a day to be named in the bail-bond, or for his appearance
before the court having jurisdiction to try the offence, on a day to be
fixed by the magistrate.

A magistrate has no authority to take a bail-bond for a prisoner brought before him
for examination of a charge of felony committed in another county; nor has he any right
to take temporary bail for the appearance of the accused before him. 8 Bush, 461.

§ 47 [44]. Bond taken under section 46 to be transmitted by mail. The
magistrate taking bail, as provided in the last section, shall transmit by
mail the bail-bond to the officer before whom, or to the clerk of the
court in which, the defendant is bound to appear.

§ 48 [45]. When magistrate to examine charge. If the arrest be made
in the county in which the offence is charged to have been committed,
the magistrate before whom the defendant is carried shall forthwith
proceed to an examination of the charge, as provided in Title IV, or
to a trial, as provided in Titles VII and VIII.

See Act of 1886, at end of \ 71.



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-TITLE IV.] PROCEEDINGS IN THE EXAMINING COURT. 1 3

TITLE IV.

PROCEEDINGS IN THE EXAMINING COURT.

£ 49. Magistrate authorized to examine"charge and commit, or hold to bail.

§ 50. Magistrate to commence the examination forthwith.

§ 51. Must state the charge, notify county attorney, and give defendant benefit of counsel.

g 52. Defendant may object to magistrate.

§ 53. Proceedings upon such objection.

£ 54. Adjournment of the examination.

$ 55. Disposition of defendant during the period of adjournment.

2 56. Duty of the magistrate, and peace officer, when money is deposited in lieu of bail.
i 57« Peace officer officially responsible for money deposited.

$ 58. Forfeiture of bail-bond, and proceedings thereon.

g 59. Magistrate may extend the time for defendant's appearance.

£ 60. How the sum to be deposited in lieu of bail shall be determined.

§ 61. Magistrate shall issue subpoenas, and coerce attendance of witnesses.

g 62. Witnesses may be separated.

3 63. On request of defendant spectators may be excluded.
§ 64. Substance of testimony to be reduced to writing.

{ 65. Defendant shall be discharged if no ofTence proven.

§ 66. If offence proven defendant shall be held for trial, and committed or discharged on



Online Librarystatutes Kentucky. LawsCivil and Criminal codes of practice of Kentucky → online text (page 119 of 142)