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CHAPTER XXI.

OF JUDGMENT WHEN INFANTS ARE CHARGED WITH CRIME.

§ 1414. Judgment may be suspended when.

institution.

Commitment to reformatory

§ 1415. Compensation of reformatory institution receiving such infant.

p. 124.

Probationary

judgment

charged with

§ 1414. That final judgment against any minor under Feb. 25, 1885, $1, sixteen years of age may be suspended on any conviction, charge, or prosecution for misdemeanor or felony, where, suspension of in the opinion of the court in which such proceeding is against infant pending, there is a reasonable ground to believe that crime. such minor may be reformed, and that a commitment to prison would work manifest injury in the premises. Such suspension may be for as long a period as the circumstances of the case may seem to warrant, and subject to the following further provisions: during the period of such suspension, or of any extension thereof, the court or judge may, under such limitations as may seem advisable, commit such minor to the custody of the officers or managers of any strictly non-sectarian charitable corporation conducted for the purpose of reclaiming criminal minors. Such corporation, by its officers or managers, may accept the custody of such minor for a period of two months (to be further extended by the court or judge should it be deemed advisable), and should said minor be found incorrigible and incapable of reformation, he may be returned before the court for final judgment for his misdemeanor or felony. Such chari- to reformatory table corporation shall accept custody of said minor as aforesaid, upon the distinct agreement that it and its officers shall use all reasonable means to effect the reformation of such minor, and provide him with a home and instruction. No application for guardianship of such ininor by any person, parent, or friend shall be entertained by any court during the period of such suspension and custody, save upon recommendation of the court before which the criminal proceedings are pending first obtained.

Commitment

institution.

p. 124.

Compensation of the institution. Receiving such infant.

Feb. 25, 1885, § 2, § 1415. Such court may further, in its discretion, in the order directing a suspension of final judgment and a commitment, in each case direct the payment to the corporation named in such order, out of the treasury of the county where such criminal proceeding is pending, by the treasurer thereof, of the expenses of the maintenance of such minor named in said order, during such period of two months, not to exceed in the aggregate the sum of twenty-five dollars, which sum shall constitute a legal charge against and shall be paid by such county, out of the treasury thereof, by the treasurer of such county, upon the presentation to him in each case of the order of the court hereinabove mentioned; or said order may direct an action to be instituted by said corporation to recover the amount thereof out of the estate of such minor named therein, or from his parents, and such order shall be conclusive evidence of the right of such corporation to maintain the action. Such court may also revoke such order of suspension at any time; provided, that such revocation shall not affect the right of the corporation named therein to receive or recover the amount thereof in any case where it has accepted and retained the custody of such minor for any period of time whatsoever by virtue of such order.

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§ 1416. Authority for the execution of judgment, except of death.

§ 1417. Judgment of imprisonment or for a fine, how executed.

§ 1418.

Court may order defendant to be imprisoned in jail of another
county.

§ 1419. Judgment of imprisonment in county jail, where executed.
§ 1420. Power of sheriff to require assistance in conveying defendant to
prison.

§ 1421.

§ 1422.

§ 1423.

Warrant of execution, to enforce judgment of death.
How judgment of death to be executed, and where and by whom.
Death-warrant to issue to sheriff of county where action commenced,
and defendant to be conveyed thither.

§ 1424. Judgment for money in criminal action may be enforced as in civil

action.

§ 1425. Sheriff, when judgment executed, to return authority; same to be

annexed to the judgment roll.

193.

§ 1416. [213.] When a judgment, except of death, has Oct. 19, 1864, been pronounced, a certified copy of the entry thereof upon the journal must be forthwith furnished by the the execution clerk to the officer whose duty it is to execute the judg- except of ment; and no other warrant or authority is necessary to justify or require its execution.

Authority for of a judgment, death.

$134.

Judgment of

or for a fine,

§ 1417. [214.] When the judgment is imprisonment Oct. 19, 1864, in the penitentiary, the sheriff must deliver the body of the defendant, together with a copy of the entry of judg- imprisonment, ment, to the keeper of such prison; and when the judg- how executed. ment is imprisonment in the county jail or a fine, and 5 or. 332. that the defendant be imprisoned until it be paid, the judgment must be executed by the sheriff of the county.

$195.

Court may

ant imprisoned

in jail of an

other county.

§ 1418. [215.] Whenever it shall appear to the court, oct. 19, 1864, at the time of giving judgment or imprisonment in the county jail, that there is no sufficient jail in the proper order defendcounty suitable for the safe confinement of the defendant, the court may order the judgment to be executed in the jail of any county in the state, and the expense thereof shall be refunded to such county by the county in which the defendant should have been imprisoned. § 1419. [216.] Except as provided in the last section, Oct. 19, 1864, a judgment of imprisonment in the county jail must be executed by confinement in the jail of the county where imprisonment the judgment is given, unless where the place of trial where exehas been changed, in which case the confinement must take place in the jail of the county where the action was commenced.

$196.

Judgment of

in county jail,

cuted.

$197.

Power of sher

assistance in

defendant to

§ 1420. [217.] The sheriff or his deputy, while con- Oct. 19, 1864, veying the defendant to the proper prison, in execution of a judgment of imprisonment, has the same authority in to require to require the assistance of any inhabitant of this state, conveying in securing the defendant, and in retaking him if he prison. escape, as if the sheriff were in his own county; and every person who refuses or neglects to assist the sheriff, when so required, is punishable as if the sheriff were in his own county.

Oct. 19, 18C4, $198.

Warrant to en

of death.

§ 1421. [218.] When judgment of death is pronounced, a warrant signed by the judge of the court, forcejudgment and attested by the clerk with the seal of the court affixed, must be drawn and delivered to the sheriff of the county; the warrant shall state the conviction and judgment, and appoint a day on which the judgment is to be executed, which must not be less than thirty nor more than sixty days from the time of judgment.

Oct. 28, 1874, $1.
Laws of 1874,
p. 115.

Death sen

tence, how and where exe

cuted.

Oct. 19, 1864, $200.

Warrant to

of county

where action commenced.

§ 1422. [219.] The punishment of death must be inflicted by hanging the defendant by the neck until he be dead, and the judgment must be executed by the sheriff or his deputy of the county in which it is given, unless where the place of trial has been changed, in which case it must be executed in the county where the action was commenced; and all executions shall take place within the inclosure of the jail or jail-yard where the defendant is confined, and in the presence of twelve bona fide electors of the county, to be selected by the sheriff of said county; and the fact of the faithful performance of the sheriff or his deputy in carrying out the sentence of the court shall be certified by the said twelve electors, and filed in the office of the county clerk.

§ 1423. [220.] In case the place of trial has been changed, the death-warrant provided for in section 1421

issue to sheriff [218] shall be directed to the sheriff of the county where the action was commenced, and the judge of the court, by an indorsement thereon, signed by him, and directed to the sheriff of the county where judgment was given, shall require such sheriff to convey and deliver the defendant, together with the warrant, to the sheriff of the county where the judgment is to be executed.

Defendant to be conveyed thither.

Oct. 19, 1864, $201.

§ 1424. [221.] A judgment in a criminal action, so far as it requires the payment of money, whether the money in crim- same be a fine or costs and disbursements of the action, or both, in addition to the means in this chapter provided,

Judgment for

inal action

may be en

forced as in zivil action.

may be enforced as a judgment in a civil action, as provided in titles I. and II. of chapter III. of the Code of Civil Procedure.

$202.

Sheriff, when

§ 1425. [222.] When a judgment in a criminal action Oct. 19, 1864, has been executed, the sheriff or officer executing it must return to the clerk the warrant or copy of the entry judgment exeof judgment upon which he acted, with a statement of his doings indorsed thereon, and the clerk must file same and annex it to the judgment roll in the case.

CHAPTER XXIII.

the

cuted, to

return authorannexed to

ity; same to be

judgment roll

§ 1426.

OF APPEALS, WHEN ALLOWED AND HOW TAKEN.
Writs of error and certiorari abolished.

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§ 1431. Appeal may be taken as a matter of right.

§ 1432. Appeal must be taken within one year after judgment.

§ 1433-4-5. Appeal, how taken.

§ 1436. When appeal becomes perfected in case of publication.

§ 1437. Notice of appeal, by whom signed.

§ 1438-9. Effect of appeal when taken by the state.

§ 1440. Certificate for stay of proceedings on appeal from judgment of conviction.

§ 1441. Notice to district attorney, when necessary upon application for

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§ 1448. Judgment only to be reviewed upon questions of law.

§ 1449.

Appellate court to give judgment without regard to matters not af-
fecting substantial rights.

§ 1450. May reverse, affirm, or modify the judgment, and order a new trial.
§ 1451. New trial, when to be had, and when defendant discharged.
§ 1452. Judgment to be entered and remitted to the court below.

§ 1453. Judgment of appellate court to be entered and enforced in court

below.

§ 1454. Proceeding in court below when new trial ordered.

§ 1455. Transcript to remain in appellate court, and copy of judgment of

appellate court to be annexed to judgment roll.

§ 1456. When jurisdiction of appellate court ceases.

223.

§ 1426. [223.] Writs of error and of certiorari in Oct. 19, 1864, criminal actions are abolished, and hereafter the only mode of reviewing a judgment or order in a criminal and certiorari action is that prescribed by this chapter.

Writs of error

abolished.

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