or to do any act forbidden 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.

See 28 Am. Law Reg. (N. S.) 22; 6 Crim. Law Mag. 155; 12 id. 498.

An indictment for abortion, which charged defendant with doing the act constituting the crime, is sufficient although the proof shows that defendant was absent at the time the crime was committed, but that he counseled, induced and procured its commission. People v. Bliven, 112 N. Y. 79.

A citizen of this state, who has entered into a conspiracy to violate its laws, cannot escape punishment because the act he planned was accomplished during his absence from the state. People v. Lyon, 1 N. Y. Cr. Rep. 400; 99 N. Y. 219.

Where an offense is committed within this state by means of an innocent agent, the employer is guilty as a principal, and if found within this state may be tried therein, though he did no act in this state and was at the time the offense was committed in another state. Adams v. People, 1 N. Y. 173.

And it is no answer to an indictment, that the defendant owes allegiance to another state or sovereignty. Adams v. People, 1 N. Y. 173.

134. When a crime is committed partly in one county and partly in another. 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. Dimick, 107 N. Y. 33; 5 N. Y. Cr. Rep. 201; People v. Crotty, 30 State Rep. 45. 9 N. Y. Supp. 937.

135. When a crime is committed on the boundary of two or more counties, or within five hundred yards thereof. 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.

See People v. Daris, 56 N. Y. 95; 36 id. 77; Archer v. State (Ind.), 34 Alb. L. J. 50; Mutter of Mc Farland, 59 Hun, 306.

This section is limited to courts proceeding by indictment and confers no jurisdiction on courts of special sessions or magistrates holding such courts. People v. Bates, 38 Hun, 181; 4 N. Y. Cr. Rep. 216.

Where the constitution provides that crimes shall be tried in the counties where committed, the legislature may not make an exception in case of crimes committed within one hundred yards of the county boundary. State v. Lowe, 21 W. Va. 783; 45 Am. Rep. 570.

§ 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.

An offense committed on board a vessel navigating a river must be tried in some county through which it passed, and not in its port of destination. People v. Hulse, 3 Hill, 309.

An offense committed on a steamboat close to the Long Island shore, in Suffolk county, upon a trip from the city of New York to Norwich, Conn., is not indictable in the county of New York. Manly v. People, 7 N. Y. 295; Haskins v. People, 16 id. 344.

In order to confer jurisdiction over an offense committed on board a boat upon a canal in respect to the cargo thereof, it must be averred in the indictment and proved that the crime was committed on board the boat or vessel, and on that trip or voyage she had passed through some part of the county where the indictment was found. Larkin v. People, 61 Barb. 226.

§ 137. Of crime committed in the state on board of any railway train, 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 People v. Dowling, 84 N. Y. 478; 23 Alb. L. J. 353.

§ 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 two hundred and fifty dollars nor more than one thousand dollars, 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 a 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 Penal Code, § 249.

§ 139. Conviction or acquittal in another state, a bar, where the jurisdiction is concurrent. — 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.

See Penal Code, § 679; Fed. Const., Fifth Amendment.

$140. Conviction or acquittal in another county, a bar, where the jurisdiction is concurrent. 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 prosecu tion or indictment thereof in another.

TITLE II.

OF THE TIME OF COMMENCING CRIMINAL ACTIONS.

SECTION 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 may be commenced at any time. 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.

142. Limitation of five years. 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 a misdemeanor must be found within two years after its commission.

See People v. O'Donnell, 46 Hun, 362; People v. Durrin, 2 N.Y.Cr. Rep. 333. § 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.

§ 144. Indictment deemed found when presented in court and filed. 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 officer 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.

SECTION 145. Information defined.

146. Magistrate defined.
147. Who are magistrates.

§ 145. Information defined. The information is the allegation made to a magistrate that a person has been guilty of some designated crime.

See Hewitt v. Newburger, 66 Hun, 232; People v. Johnson, 46 Hun, 671; People v. Noah, 24 State Rep. 375.

A person arrested after the filing of the coroner's inquisition is entitled to a hearing before a magistrate as though arrested on an ordinary information. Matter of Ramscar, 63 How. 255; 10 Abb. N. C. 442; 1 N. Y. Cr. Rep. 36. But see People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172.

$146. Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a crime.

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.

Amended 1892, chap. 279; in effect Sept. 1, 1892.

See People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172; People v. Nowak, 24 State Rep. 275; People v. Bates, 38 Hun, 181; 4 N. Y. Cr. Rep. 215; Matter of McFarland, 59 Hun, 306.

CHAPTER II.

THE WARRANT OF ARREST.

SECTION 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 state.

ment of the offense.

153. Warrant to be directed to and executed by a peace officer.

154. Who are peace officers.