No. 14. Feloniously took a gold watch, (or as the case may be,) the property of C. D., in his presence and against his will, by violence to his person. No. 15. In an Indictment for Larceny. Feloniously took and carried away one gold watch and one silver chain, (or as the case may be,) the personal property of J. D., (or of a person whose name is unknown to the grand-jury,) of the value of more than twenty dollars; or, 16 M. 109. No. 16. Feloniously took and carried away, in the night-time, from the person of C. D., one silver watch, (or as the case may be,) the personal property of E. F., (or of a person whose name is unknown to the grand-jury,) of the value of more than twenty dollars. No. 17. In an Indictment for Burglary. Broke into and entered, in the night-time, the dwelling-house of C. D., in which there was at the time a human being, namely, the said C. D., (or whose name is unknown to the grand-jury,) with intent to commit murder (or rape, robbery, or larceny, or other public offence, describing it generally,) therein, by forcibly bursting or breaking the wall, (or an outer door, or a window of such house, or as the case may be,) or, No. 18. Broke into and entered, in the night-time, the dwelling house of C. D., in which there was at the time a human being, namely, the said C. D., (or whose name is unknown to the grand-jury,) with intent to commit a rape (or larceny or any other public offence, describing it generally,) therein, by unlocking an outer door, by means of false keys, (or by picking or forcing the lock of an outer door, or as the case may be.) No. 19. In an Indictment for Forgery and Counterfeiting. Forged (or counterfeited, or falsely altered, by erasing a material part thereof, or as the case may be,) an instrument purporting to be (or being) the last will and testament of C. D., devising certain real and personal property, with intent to defraud; or, No. 20. Forged a certificate purporting to have been issued by J. C., an officer duly authorized to make such certificate, of the acknowledgment of C. D., of the execution by him of a conveyance to E. F., of certain real property in the town of , with the intent to defraud the said C. D.; or, No. 21. Falsely made an impression, purporting to be the impression of the great seal of the state, on an instrument in writing, being (or purporting to be) a , (stating generally the purport of the instrument,) with the intent to defraud; or, No. 22. Counterfeited a gold (or silver) coin of the republic of Mexico, called a dollar, which was at that time current, by custom or usage, within this state; or, No. 23. Had in his possession a counterfeit of a gold (or silver) coin of the republic of Mexico, called a dollar, which was at that time current in this state, knowing the same to be counterfeited, with intent to defraud (or injure) by uttering the same as true (or false.) No. 24. In an Indictment for Perjury. On his examination as a witness, duly sworn to testify the truth, on the trial of a civil action in the court of between C. D., plaintiff, and E. F., defendant, which court had authority to administer such oath, he testified falsely, that, (stating the facts to be alleged to be false,) the matters so testified being material, and the testimony being wilfully and corruptly false. 19 M. 484. No. 25. In an Indictment for Bigamy. Having a wife then living, unlawfully married one G. A. No. 26. In an Indictment for Libel. Published in a newspaper called the the following libel con cerning C. D., (here insert the article charged as being a libel.) §3. Foregoing forms sufficient-forms in other cases. The manner of stating the act constituting the offence, as set forth in the preceding forms, is sufficient in all cases where the forms there given are applicable. In all other cases, forms be used as nearly similar as the nature of the case permits. may § 4. Indictment to be direct and certain. The indictment shall be direct and certain as it regards: First. The party charged; 12 M. 490. Third. The particular circumstances of the offence charged, when they are necessary to constitute a complete offence. 12 M. 490; 19 M. 93. § 5 Indictment by fictitious name. When a defendant is indicted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it may be inserted in the subsequent proceedings, referring to the fact of his being indicted by the name mentioned in the indictment. 6. May contain different counts. When by law an offence comprises different degrees, an indictment may contain counts for the different degrees, of the same offence, or for any of such degrees. The same indictment may contain counts for murder, and also for manslaughter, or different degrees of manslaughter. Where the offence may have been committed by the use of different means, the indictment may allege the means of committing the offence in the alternative. Where it is doubtful to what class an offence belongs, the indictment may contain several counts, describing it as of different classes or kinds. 13 M. 121; 22 M. 238. § 7. Time, how stated. The precise time at which the offence was committed need not be stated in the indictment, but may be alleged to have been committed at any time before the finding thereof, except where the time is a material ingredient in the offence. $ 8. Erroneous allegation as to person injured. When the offence involves the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation, as to the person injured, or intended to be injured, is not material. 3 M. 325 (438). § 9. Words of statute need not be followed. Words used in the statutes to define a public offence need not be strictly pursued in the indictment, but other words conveying the same meaning may be used. § 10. Tests of sufficiency of indictment. The indictment is sufficient if it can be understood therefrom: First. That it is entitled in a court having authority to receive it, though the name of the court is not accurately stated; 17 M. 76; 22 M. 67. Second. That it was found by a grand-jury of the county in which the court was held; 16 M. 282. Third. That the defendant is named, or, if his name cannot be discovered, that he is described by a fictitious name, with the statement that he has refused to discover his real name; Fourth. That the offence was committed at some place within the jurisdiction of the court, except where, as provided by law, the act, though done without the local jurisdiction of the county, is triable therein; 12 M. 490. Fifth. That the offence was committed at some time prior to the time of finding the indictment; Sixth. That the act or omission charged as the offence is clearly and distinctly set forth, in ordinary and concise language, without repetition; 4 M. 261 (345); 11 M. 95 (154); 12 M, 490; 16 M. 109. Seventh. That the act or omission charged as the offence is stated with such a degree of certainty as to enable the court to pronounce judgment, upon a conviction, according to the right of the case. 11 M. 95 (154); 12 M. 490; 18 M. 518; 22 M. 67. § 11. Formal defects disregarded. No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant upon the merits. 13 M. 341. 370; 17 M. 76. 241. § 12. Judgment, how pleaded, In pleading a judgment, or other determination of, or proceeding before, a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction, but the judgment or determination may be stated to have been duly given or made. The facts constituting jurisdiction shall, however, be established on trial. ! § 13. Private statute, how pleaded. In pleading a private statute, or right derived therefrom, it is sufficient to refer to the statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof. §14. Indictment for libel. An indictment for libel need not set forth any extrinsic facts, for the purpose of showing the application, to the party libelled, of the defamatory matter on which the indictment is founded; but it is sufficient to state generally that the same was published concerning him; and the fact that it was so published shall be established on the trial. $15. Misdescription of forged instrument. When an instrument which is the subject of an indictment for forgery has been destroyed or withdrawn by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment, and established on the trial, the misdescription of the instrument is immaterial. $ 16. Indictment for perjury. In an indictment for perjury or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offence was committed, and what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment need not set forth the pleadings, record or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed. 19 M. 484. § 17. Compounding felony, indictable. A person may be indicted for having, with the knowledge of the commission of a public offence, taken money or property of another, or a gratuity or reward, or an engagement or promise therefor, upon an agreement or understanding, express or implied, to compound or conceal the offence, or to abstain from a prosecution therefor, or to withhold any evidence thereof, though the person guilty of the original offence has not been indicted or tried. § 18. Time within which indictments may be found. Indictments for murder may be found at any time after the death of the person killed; in all other cases, indictments shall be found and filed in the proper court, within three years after the commission of the offence; but the time during which the defendant is not an inhabitant of, or usually resident within this state, shall not constitute any part of the said limitation of three years. $ 19. Offence committed on vessel, where indictable and triable. When any offence is committed within this state, on board of any vessel navigating any river or lake, an indictment for the same may be found in any county through which, or any part of which, such vessel is navigated, during or in the course of the same voyage or trip, or in the county where such voyage or trip terminates; and such indictment may be tried, and a conviction thereon had, in any such county, in the same manner and with the like effect as in the county where the offence was committed. 4 M. 241 (325). § 20. Offence committed on county lines, where prosecuted. Offences committed on the boundary lines of two counties, or within one hundred rods of the dividing line between them, may be alleged in the indictment to have been committed in either of them, and inay be prosecuted and punished in either county. 14 M. 447. § 21. Death ensuing in another county-prosecution. If any mortal wound is given, or other violence or injury inflicted, or any poison administered, in one county, by means whereof death ensues in another county, the offence may be prosecuted in either county. $22. Prosecution in county where death ensues in all cases. If any such mortal wound is inflicted, or other violence or injury done, or poison administered, either within or without the limits of this state, by means whereof death ensues in any county thereof, such offence may be prosecuted and punished in the county where such death happens. *$ 23. Death out of state-prosecution. That in all cases of felonious homicide, where the assault shall have been committed in this state, and the person assaulted shall die without the limits thereof, the offender shall and may be indicted, tried and punished for the crime so committed, in the county where the assault was made, in the same manner, to all intents and purposes, as if the person assaulted had died within the limits of this state. (1875, c. 42, § 1.) 21 M. 369. § 24. (SEC. 23.) Indictment for embezzlement-evidence. In any prosecution for the offence of embezzling the money, bank-notes, checks, drafts, bills of exchange, or other security for money, of any person, by a clerk, agent or servant of such person, it shall be sufficient to allege generally, in the indictment, an embezzlement of money to a certain amount, without specifying any particulars of such embezzlement, and on the trial evidence may be given of any such embezzlement committed within six months next after the time stated in the indictment; and it shall be sufficient to maintain the charge in the indictment, and shall not be deemed a variance, if it is proved that any money, bank-note, check, draft, bill of exchange, or other security for money, of such person, of whatever amount, was fraudulently embezzled by such clerk, agent or servant, within the said period of six months. 22 M. 76. § 25. (SEC. 24.) Evidence of ownership. In the prosecution of any offence committed upon, or in relation to, or in any way affecting real estate, or any offence committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate, it shall be sufficient, and shall not be deemed a variance, if it is proved on trial that, at the time when such offence was committed, either the actual or constructive possession, or the general or special property, in the whole or any part of such real or personal estate, was in the person or community alleged in the indictment or other accusation to be the owner thereof. (As amended 1869, c. 71, § 1.) § 1. Arraignment. When the indictment is filed, the defendant shall be arraigned thereon before the court in which it is found, if it is triable therein; or if not, before the court to which it is sent or removed. § 2. When defendant must be present. If the indictment is for a felony, the defendant shall be personally present; but if for a misdemeanor only, his personal appearance is unnecessary, and he may appear upon the arraignment by counsel, |