bidden by such a law, or, who being a resident of this state, does an act out of it, which would be punishable as a violation of such a law, may be indicted and tried in any county of this state. People v. Lyon, 99 N. Y. 219; 1 N. Y. Cr. 400; People v. Blivin, 112 N. Y. 79; Adams v. People, 1 id. 173. § 134. When a crime is committed, etc. When a crime is committed, partly in one county and partly in another, or the acts or effects thereof, constituting or requisite to the consummation of the offense, occur in two or more counties, the jurisdiction is in either county. See People v. Mason, 9 Wend 505. False pretenses. People v. Sully, 1 Sheld. 17. Bigamy. King v. People, 5 Hun, 297. Burglary. Mack v. People, 82 N. Y. 235 Receiving stolen goods. People v. Dowling, 84 N. Y. 478. Contempt. People v. Sherwin, 17 W. D. 125. Matter of McFarland, 59 Hun, 306; People v. Dimick, 107 N Y 33; 5 N. Y. Cr. 201; People v. Crotty, 30 N. Y. St. Rep 45, 9 N. Y. Supp. 937. § 135. When a crime is committed on the boundary, etc.-When a crime is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county. Does not include special sessions. People v. Bates, 38 Hun, 180; 4 N. Y. Cr. 216; People v. Davis, 56 N. Y. 95; 36 id. 77; State v. Lowe, 21 W. Va. 783; 45 Am. Rep. 570, Archer State, 34 Alb. L. J. 50. § 136. Jurisdiction of crime on board a vessel. When a crime is committed in this state on board of a vessel navigating a river, lake, or canal, or lying therein in the course of her voyage, or in respect to any portion of the cargo or lading of such boat or vessel, the jurisdiction is in any county through which, or any part of which, such river or canal passes, or in which such lake is situated, or on which it borders, or in the county where such voyage terminates, or would terminate if completed. See People v. Hulse, 3 Hill, 309; People v. Marine Ct. 6 Hun, 214; Larkin v. People, 61 Barb. 226; Haskins v. People, 16 N. Y. 344; Manly v. People, 7 id. 295. § 137. Of crime committed, etc.When a crime is committed in this state, in or on board of any railway engine, train or car, making a passage or trip on or over any railway in this state, or in respect to any portion of the lading or freightage of any such railway train or engine car, the jurisdiction is in any county through which, or any part of which, the railway train or car passes, or has passed in the course of the same passage or trip, or in any county where such passage or trip terminates, or would terminate if completed. See Dowling v. People, 23 Alb. L. J. 353; 84 N. Y. 478. § 138. Indictment for libel.— When a crime of libel is committed by publication in any paper in this state, against a person residing in the state, the jurisdiction is in either the county where the paper is published, or in the county where the party libeled resides But the defendant may have the place of trial changed to the county where the libel is printed, on executing a bond to the complainant in the penal sum of not less than $250, nor more than $1,000, conditioned, in case the defendant is convicted, for the payment of the complainant's reasonable and necessary traveling expenses in going to and from his place of residence and the place of trial, and his necessary expenses in attendance thereon, which bond must be signed by two sufficient sureties, to be approved by the judge of a court of record exercising criminal jurisdiction. Whenever the crime of libel is committed against a person not a resident of this state, the defendant must be indicted and the trial thereof had in the county where the libel is printed and published. But if the paper does not, upon its face, purport to be printed or published in a particular county of this state, the defendant may be indicted and the trial thereof had in any county where the paper is circulated. In no case however can the defendant be indicted for the printing or publication of one libel in more than one county of this state. See 249 of Penal Code. § 139 Conviction or acquittal in another state, a bar, etc.—When an act charged as a crime is within the jurisdiction of another state, territory or country, as well as within the jurisdiction of this state, a conviction or acquittal thereof in the former, is a bar to a prosecution or indictment therefor in this state. A crime may be committed, amenable to the jurisdiction of the state, without the defendant's presence therein. People v. Adams, 3 Den. 190; Í N. Y. 173. See § 679 of Penal Code; Fifth Amend. Fed. Const. § 140. Conviction or acquittal in another county, a bar, etc. When a crime is within the jurisdiction of two or more counties of this state, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment thereof in another. TITLE II. Of the Time of Commencing Criminal Actions. SEC. 141. Prosecution for murder may be commenced at any time. 142. Limitation of five years. 143. Defendant out of state. 144. Indictment deemed found, when presented in court and filed. § 141. Prosecution for murder, etc.-There is no limitation of time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed. Applicable to an accessory before the fact. People v. Mather. 4 Wend. 229. Conviction for assault, etc., no bar to indictment for murder. Burns v. People, 1 Park 182. People v. Dowling, 1 N. Y. Cr. 529. § 142. Limitation, etc.-An indictment for a felony, other than murder, must be found within five years after its commission, except where a less time is prescribed by statute. And an indictment for misdemeanor must be found within two years after its commission. [AM'D CH. 412 OF 1887.] No lapse of time legalizes a public nuisance. People v. Cunningham, 1 Den. 524. Construction of statute. People v. Lord, 12 Hun, 282; 2 N. Y. Cr. 29. Delay. Ib. 45. People v. Dowling, 1 N. Y. Cr. 529, People v. Durrin, 2 id. 828; People v. O'Donnell, 46 Hun, 362. § 143. Defendant out of state.— If, when the crime is committed, the defendant be out of the state, the indictment may be found within the term herein limited after his coming within the state; and no time, during which the defendant is not an inhabitant of, or usually resident within, the state, is part of the limitation. People v. Durrin, 2 N. Y. Cr. 328. § 144. Indictment deemed found, etc.—An indictment is found, within the meaning of the last three sections, when it is duly presented by the grand jury in open court, and there received and filed. TITLE III. Of the Information and Proceedings thereon to the Commitment inclusive. CHAPTER I. The information. II. The warrant of arrest. III. Arrest by an officer, under a warrant. IV. Arrest by an oflicer, without a warrant. V. Arrest by a private person. VI. Retaking, after an escape or rescue. VII. Examination of the case, and discharge of the defendant or holding him to answer. CHAPTER I. THE INFORMATION. SEC. 145. Information defined. 146. Magistrate, defined. § 145. Information defined.— The information is the allegation made to a magistrate, that a person has been guilty of some designated crime. People v. Nowak, 1 Sil. (S.C.) 412; People v. Johnson, 46 Hun, 671; People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172; matter of Ramscar, 1 N. Y. Cr. 36; 10 Abb. N. C. 442; 63 How. 255; People ex. rel. Baker v. Beatty, 39 Hun, 477. § 146. Magistrate, defined.—A magistrate is an officer, having power to issue a warrant for the arrest of a person charged with a crime. People v. Nowak, 1 Sil. (S. C.) 412; Killoran v. Barton, 26 Hun, 648. § 147. Who are magistrates.— The following persons are magistrates: 1. The justices of the supreme court. 2. The judges of any city court. 3. The county judges and special county judges. 4. The city judge of the city of New York, and the judges of the court of general sessions in the city and county of New York. 5. The justices of the peace. 6. The police and other special justices appointed or elected in a city, village or town. 7. The mayors and recorders of cities. [But in the city of New York, the only magistrates authorized to commit children to institutions, are the justices of the supreme court, the recorder, the city judge of the city of New York, and judges authorized to hold the court of general sessions, and the police justices.] [AM'D CH. 279 of 1892. In effect Sept. 1, 1892.] People v. Nowak, 1 Sil. (S. C.) 412; People v. McGioin, 91 N. Y. 241; 12 Abb. N. C. 172; Killoran v. Barton, 26 Hun, 648; People v. Bates, 38 Hun, 181; 4 N. Y. Cr. 215; People ex. rel. Lynch v. Duffy, 46 Hun, 276; Matter of McFarland, 59 Hun, 306; Subd. 7, Hommert v. Gleason, 38 N. Y. St. Rep. 343. CHAPTER II. THE WARRANT OF ARREST. SEC. 148. Examination of the prosecutor, and his witnesses, upon the information. 149. Depositions, what to contain. 150. In what case warrant of arrest may be issued. 151. Form of the warrant. 152. Name or description of the defendant, in the warrant and statement of the offense 153. Warrant to be directed to and executed by a peace officer. 154. Who are peace officers. 155. Warrant issued by certain judges. 156. Id.; by other magistrates. 157. Indorsement on the warrant for service in another county, how and upon what proof to be made. 158. Defendant, arrested for felony. 159. Defendant, arrested for a misdemeanor. WARRANT OF ARREST §§ 148-151 SEC. 160. Proceedings on taking bail from the defendant, in such case 162. Prisoner carried from county to county. 163. Power and privilege of officer. 164. When magistrate issuing the warrant is unable to act. 165. Defendant in all cases to be taken before a magistrate, without delay. 166. Defendant before another magistrate than the one who issued the warrant. § 148. Examination of the prosecutor, etc.-When an information is laid before a magistrate, of the commission of a crime, he must examine on oath the informant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them. People v. Nowak, 1 Sil. (8. C.) 412; Tracey v. Seamans, 7 N. Y. St. Rep. 145; Ex parte Boswell, 34 How. 347; Sleight v. Ogle, 4 E. D. Smith, 445; Payne . Barnes, 5 Barb. 465; People v. Winness; 3 N. Y. Cr. 89; Pierson v. People, 79 N. Y. 424; Kalloch. Supr. Ct. 56 Cal. 229 § 149. Depositions, what to contain. The depositions must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the crime and the guilt of the defendant. What must be set forth. People ex rel. Kingsley v. Pratt, 22 Hun, 300; Loomis v. Render, 41 Hun, 269; Tracey v. Seamans, 7 N. Y. St. Rep. 145; Matter of Rothaker, 11 Abb. N. Č. 122; People v. McIntosh, 5 N. Y. Cr. 38. § 150. In what case warrant of arrest may be issued.-If the magistrate be satisfied therefrom, that the crime complained of has been committed, and that there is reasonable ground to believe that the defendant has commited it, he must issue a warrant of arrest. What sufficient. Blodgett v. Race, 18 Hun, 132. Abb. N. C. 122; People v. Mead, 28 Hun, 227; s. c., 92 N. Y. 415. People v. McIntosh, 5 N. Y. Cr. 40; Fraser v. Board, etc., 17 N. Y St. Rep. 875; Tracy v. Ex parte Rothaker, 11 Seamans, 7 id. 145; Killoran v. Barton, 26 Hun, 648; Wilkinson v. Robinson, 6 How. 110; Halley v. Mix, 3 Wend. 350; Abbott v. Booth, 50 Barb. 551; Pratt v. Bogardus, 49 id. 89; Stewart v. Hawley, 21 Wend. 553; Campbell v. Ewalt, 7 How. 399. § 151. Form of the warrant.-A warrant of arrest is an order in writing in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form: "County of Albany, [or as the case may be.] In the name of the people of the state of New York. To any peace officer in this state [or in the county of Albany, or as the case may be, as provided in sections 155 and 156.] me, that "Information upon oath having been this day laid before the crime of [designating it] has been committed, and accusing C. D. thereof. |