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Civil and Criminal codes of practice of Kentucky online

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military, ordering of out, to suppress 379 121

firing, &c, by, on rioters 381 121

obedience of, to civil officers 380 121

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300 INDEX TO CRIMINAL CODE.

SUPPRESSION OF RIOTS, &c— (Continued.) «c mo.

punishment of civil officers neglecting to suppress 378 121

persons refusing to aid them when commanded 377 in

rioters failing to disperse 376 ui

SURRENDER OF DEFENDANT—

by himself, or by his bail, discharges bail-bond 86 23

jailer must give acknowledgment of 86 2;

Form of. ijj

money deposited, to be returned on 88 u

SURVEYOR indictable for issuing false certificate, note 130

SURVEYORS OF PUBLIC ROADS, indictment of subs. 5, 13 4

TESTIMONY: see Evidence, Witness.

THEATRICAL EXHIBITION, indictment for, note 50 41

TIME—

allegations as to are generally immaterial 129 45

during which security to keep the peace may be required 385 123

for defendant's appearance in examining court may be extended by mag-
istrate 59 1*

to be fixed by sheriff taking bail-bond 29 9

effect of defective bond as to 85 a

return, by defendant, to writ of habeas corpus may be changed by per-
son executing it 403 12?

taking of appeals to circuit court 369 iw

Court of Appeals by defendant 336 W

Commonwealth 337 ,t0

of trial in circuit court, when prosecution stands for 187 #

may be at same term as indictment, when 185 $&

city or police court 313 l0 5

of appeals to Court of Appeals 358, 359 "7

information against clerk 444 ! 3>

when judgment should be rendered 283

TRIAL—

by whom issues of law and fact tried 180 ST

joint defendants, in felony case, entitled to separate trials 237 °1

of offence within jurisdiction of magistrate to be commenced forthwith

upon arrest 4$

sanity of defendant : see insanity.

proceedings if offence proved be of higher nature than that charged 232 *

appear to have been committed out of the State.. 231 *

Form of order in such case ! 5*

jurisdiction

of court.. 230 *

Form of order for removal of defendant l $

under writ of habeas corpus 4 20 ** 1

before whom, if examining court refuse bail 4^ ^

see Trial by Jury.
TRIAL BY JURY—

adjournment of court from time to time, during 253 $'

final, discharges jury 254

admonition to jury at each adjournment 246

argument to jury, order of, &c 227, 228

challenges to panel or individual juror 197



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INDEX TO CRIMINAL CODE. 201

TRIAL BY JURY— (Continued.) w. 'ace.

challenges to panel, grounds for 199 62

proceedings if challenge sustained 200 62

individual juror are peremptory or for cause 201 62

must be made before juror is sworn in *

chief, unless by leave 202 63

peremptory, number allowed to Common-
wealth. 204 63
defendant.. 203 63

general, causes for 207 63

particular causes for, actual or implied b jas . 208 63

actual bias 209 63

implied bias. 210 64

examination of jurors and witnesses upon 213, 214 64

exemption from jury-service not ground for 211 64

order in which to be made 215, 216 64, 65

trial of to be by court 212 64

continuances of, provisions concerning 189 $$

affidavit for, note I 59

prosecuting attorney's admissions as to, note 11 60

corroboration of confession out of court necessary 240 88

testimony of accomplice necessary 241 SS

instruction to acquit in absence of 242 89

court always open while jury is deliberating 253 91

disagreement of jury, proceedings upon 251 91

discharge of jury on account of sickness, accident, &c 251 91

effect of, if discharged unnecessarily, note (c) 1 55

dismissal of case by Commonwealth's attorney 243 89

evidence before, introduction by Commonwealth 221 66

defendant 223 67

in rebuttal, or in chief with leave 224 77

information to jury, after retiring 249 91

instructions to jury 225 78

withdrawal of jury during argument upon 226 86

joint-defendants, in felony, entitled to separate trials 237 87

keeping jury together 244 90

oath of officer in charge of. 245 90

providing lodging, &c, for 247 90

oath of jury if there is no issue 218 66

to try issue 217 66

papers, &c, to be delivered to jury 248 91

pay and mileage of jurors 195 61

postponement of trial 188 58

presence of defendant during trial in felony-cases 183, 229 57, 86

misdemeanor-cases 184 58

proceedings, if offence was committed out of jurisdiction of court 230 86

State 231 86

of higher nature than indictment charged . . .232 86

upon quashing indictment which does not state an offence. 233 87

reading of indictment to jury 219 66

reasonable doubt as to guilt entitles defendant to acquittal 238 87



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202 INDEX TO CRIMINAL CODE.

TRIAL BY JURY— (Continued.) s»c ml
reasonable doubt as to degree of offence entitles defendant to conviction

of lower degree 239 fi

re-trial of case after discharge of jury 252 91

# see note (c) 1 55

sickness of juror, before jury completed, proceedings upon 250 91

accident, &c, after retirement of jury, proceedings upon 251 91

statement of case to jury 200, 222 66, §7

time of trial of docketed cases . 187 5S

indictment found during current term , 18$ 5S

verdict of jury may be general or special 256 92

general verdict defined 257 92

penalty to be fixed in, unless fixed by law. 258 93

special verdict defined 259 93

requisites of 260, 261 93

arrival at by lot prohibited 271 96

testimony of juror admissible to prove 272 97

conviction by, of any degree of offence not higher than that

charged 262* 265 03, 95

degrees of offences defined 263 %

offence included in offence charged. 264 95

court always open to receive 253 - 9 1

insanity, if ground for acquittal, must be stated in 268 95

polling the jury as to. 267 95

rendition of 255 9*

return of as to all or any of several defendants 266 9$

when court may discharge jury without 251 9 1

TRUSTEE OF JURY FUND—

deposit of money with, in lieu of bail 89 24

certificate of to be given by . m 89 24

Form of certificate U3

official liability for 91 2$

shall hold subject to order of court, before forfeiture 91 25

to credit of jury-fund, after forfeiture 97 26

to pay expenses of jury while kept together, and deduct from their pay .247 9°
UNLAWFUL ASSEMBLIES : see Suppression, &c.

UNSOUND MIND is cause of challenge to juror 207 63

see Insanity.
VERDICT: see Trial by Jury.

VIEW OF PLACE BY JURY 236 *7

VOTING BY BALLOT, proof of, note 25 77

WAREHOUSEMAN, indictment of, note 53 4*

WARRANT OF ARREST: (see Arrest).

nature and form of 27 7

examination of witnesses to ascertain offender 32 9

issuing of, by what officers, generally ; 26 7

judge of city or police court 312 W5

justice of the peace 327 W?

when affidavit necessary before 31 9

indorsement on of amount of bail, &c 28 •

offences which may be prosecuted by 10 3

officers who may execute - 26 7



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INDEX TO CRIMINAL CODE. 203

WARRANT OF ARREST— (Continued.) sec. page.

proceedings on, to be as warrant directs 45 12

return of warrant 33, 34 9, 10

showing of to person arrested, &c 39 xi*

Forms of warrants 138, 139

WILLFUL STRIKING, &c.

not intending, but causing death, indictment for, note 54 42

Form of indictment. 151

WITNESSES—

attendance of, coercion of, generally , 151 49

before grand jury 105 31

in examining court 61 16

habeas corpus case 414 130

impeachment case 435, 436 134

upon information against clerks 445 136

before examining court, names and residence of to be stated in minutes. 64 16

recognizing of, on holding defendant for trial . . 69 17

separation of, on request of either party 62 16

grand jury, administering oaths to by foreman 108 31

disclosure of testimony of by jurors 113 32

examination of by Commonwealth's attorney 109 31

names of to be written on indictment 120 33

competency of, to testify for themselves. Act of 1866 67

co-defendants 234 87

Acts of 1886, 1894, page 67 ; note 1 68

juror to testify as to verdict 272 97

corroboration of, when required 241, 242 88, 89

depositions of, taking and using of by defendant 153 49

examination of on challenging juror 214 64

to ascertain person guilty of public offence 32 9

exclusion of from court-room, foot-note 67

for Commonwealth, allowance to, if non-resident. Act of 1882. ....... 49

WORDS—

used in indictment, construction of. 137 46

statute need not be followed in indictment 136 46

but see note (3) 36

WOUNDING, indictment for, note 55 42

Form of indictment 154

WRIT—

of prohibition from circuit to inferior courts 25 7

to issue upon indictment 138 47

WRIT OF HABEAS CORPUS—

by whom and for what causes issuable 399 127

bond may be required before issuing 404 128

Form of bond 163

body of person detained, production of, when necessary 411, 412 129

taking of may be directed, when 405 128

contents of writ 402 127

Form of writ. 162

evidence on trial, affidavits may be read as 413 129

process for witnesses 414 130

issuing of, may be on any day 427 132



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204 INDEX TO CRIMINAL CODE.



WRIT OF HABEAS CORPUS— (Continued.) «c. >*a

judgment under 414, 420 130, 131

does not prevent issuing of another writ for same cause 429 132

enforcing of 414 130

penalty for refusing to issue 401 127

obedience to, and proceedings upon 409 12$

papers, &c, to be returned to proper court 421 131

person released under, not to be imprisoned for same cause except by

order of court 422 131

proceedings, if person in custody appear to be guilty of public offence . .423 131

under writ not to affect civil suit for same cause 428 132

religious or other associations, proceedings against 424 132

removal of prisoner from jail or custody of officer 425 132

return of, by person serving 408 12S

before whom to be made 400, 416 127, 130

notice to defendant, when necessary 417 Ijo

time for, to be stated in 402 127

changing of by person serving writ 403 127

Form of indorsemenJ 162

notice of change 408 118

Form of notice , 162

to, by person on whom served 410 119

service of, how and by whom to be made 406 118

if defendant conceal himself 407 i«S

may be made on any day or at any time 427 131

powers of private person making 427 131

trial of, before whom, if examining court refuse bail 426 132

formation of issue 419 I3 1

objection to officer -presiding at 418 13°

officer interested in, or related to person detained, not to preside at.415 13°

proof to be heard and judgment rendered, in a summary way. . .420 131
WRITTEN INSTRUMENTS—

court may compel production of, in evidence 152 49

mis-description of will not vitiate indictment, when 133 45

process for production of, in impeachment-case 435 i}4

put in evidence, to be taken with them by jury 248 9 1



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