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within which a prosecution for murder, the embezzlement of public moneys, and the falsification of public records must be commenced. Prosecution for murder may be commenced at any time after the death of the person killed, and for the embezzlement of public moneys or the falsification of public records, at any time after the discovery of the crime. [C. L. § 4829*.

Cal. Pen. C. 799. Cal. Sup. '93, p. 1064.

Limitations not affected by general repeal, ? 2485.

4598. Felony other than murder, etc. Four years. For any felony other than murder, the embezzlement of public moneys, or the falsification of public records, an indictment must be found or an information filed, within four years after its commission. [C. L. § 4830*.

Cal. Pen. C. 800. Cal. Sup. '93, p. 1064.

4599. Indictable misdemeanor. Three years. An indictment for any misdemeanor must be found or an information filed within three its commission. [C. L. § 4831.

Cal. Pen. C. 801*.

years after

4600. Time of defendant's absence no part of limitation. If, when the offense is committed, the defendant is out of the state, the indictment may be found or an information filed within the term herein limited after his coming within the state, and no time during which the defendant shall not be an inhabitant of, or usually resident within, the state, shall be part of the limitation. [C. L. § 4832.

Cal. Pen. C. 802.

4601. When indictment deemed found. An indictment is found within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed. [C. L. § 4833.

Cal. Pen. C. 803.

4602. Misdemeanor within justice's jurisdiction. Two years. A complaint for a misdemeanor, of which justices of the peace have jurisdiction, must be filed within two years after the commission of the offense. [C. L. $ 4834.

4603. Action begun when complaint filed. An action on a complaint is commenced when a verified complaint is filed with the magistrate. [C. L. § 4835.

CHAPTER 11.

DEFINITIONS.

4604. Complaint defined. A complaint is a statement in writing, made to a court or magistrate, that a person has been guilty of some designated offense. Cal. Pen. C. 806; Mont. Pen. C. ? 1370. Action, when begun, 2 4603.

4605. Indictment defined. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense. [C. L. § 4912.

Cal. Pen. C. 917.

4606. Information defined. An information is an accusation in writing, in form and substance like an indictment for the same offense, charging a person with a public offense, presented and signed by the county attorney or his deputy or by the attorney pro tem for the state, and filed in the office of the clerk of the district court.

Mont. Pen. C. ? 1372,

Filing of information, ?? 4692–4695.

4607. Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense. Cal. Pen. C. 807; Mont. Pen. C. 1373.

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4609. Peace officers enumerated. A peace officer is a sheriff of a county or his deputy, or a constable, or a marshal or policeman of any incorporated city or town. [C. L. § 5390.

Mont. Pen. C. ? 1375*.

CHAPTER 12.

COMPLAINT.

4610. What a complaint must state. The complaint must state: 1. The name of the person accused, if known, or if not known and it is so stated, he may be designated by any other name.

2.

The county in which the offense was committed.

3. The general name of the crime or public offense.

4. The acts or omissions complained of as constituting the crime or public offense named.

5. The person against whom, or against whose property the offense was committed, if known.

6. If the offense is against the property of any person, a general description of such property. The complaint must be subscribed and sworn to by the complainant.

N. Dak. (1895) 27886; Mont. Pen. C. ? 1590*.

Complaint defined,

4604.

Information or complaint must show that a crime has been committed. Matter of Catherine Wise

man, 1 U. 39. Criminal complaint may be sworn to upon information and belief. U. S. v. Eldredge, 5 U. 161; 13 P. 673.

4611. Any person having knowledge must make complaint. Every person who has reason to believe that a crime or public offense has been committed, must make complaint against such person before some magistrate having authority to make inquiry of the same.

N. Dak. (1895) 7887; Mont. Pen. C. 1591*.

When person concealing crime an accessory, 4075.

4612. Magistrate must examine complainant. Witnesses. When a complaint is made before a magistrate, charging a person with the commission of a crime or public offense, such magistrate must examine the complainant, under oath, as to his knowledge of the commission of the offense charged, and he may also examine any other persons and may take their depositions. [C. L. § 4837*.

N. Dak. (1895) ? 7888; Mont. Pen. C. 1592*. made, 4630. Complaint, issuance of warrant, Complaint of commission of crime in another 24615. county; accused being in county where complaint

4613. When arrest made without warrant complaint to be filed. When any officer or other person shall bring any person he has arrested without a warrant before a magistrate, it is the duty of such officer or person to specify the charge upon which he has made the arrest. It is then the duty of the magistrate or the county attorney to make a complaint of the offense charged, and cause the officer or person, or some other person, to subscribe and make oath to such complaint, and file it.

N. Dak. (1895)7889; Mont. Pen. C. 1593*.

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4614. Complainant must name witnesses. Subpoena. person making complaint charging the commission of a crime or public offense, must inform the magistrate of all persons whom he believes to have any knowledge of its commission, and the magistrate, at the time of issuing the warrant, may issue subpoenas for such persons, requiring them to attend at a specified time and place as witnesses.

N. Dak. (1895) 7890; Mont. Pen. C. ? 1594.

CHAPTER 13.

WARRANT OF ARREST.

4615. Issuance of warrant. Consent of county attorney. When a complaint, verified by oath or affirmation, is made before a magistrate, charging the commission of a crime or public offense, he must, if satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the accused committed it, issue a warrant for his arrest; but when the magistrate before whom the complaint is made is a justice of the peace, before issuing the warrant, the complaint, if made by any person other than the county attorney of the county, and other evidence taken by such magistrate relating to the offense charged, must be submitted to such county attorney, and he must examine into the charge and enter either his approval or disapproval of the issuance of a warrant upon such complaint. If the county.attorney disapproves, no warrant shall be issued, but if he approves the issuance of a warrant, such magistrate shall proceed accordingly; provided, that in cases when it appears from statements of the complaint or other written evidence submitted to the magistrate that the accused is likely to escape from the county before the approval of the county attorney can be had, as hereinbefore prescribed, a warrant may issue without the approval of the county attorney. No justice of the peace shall receive any fees or allowances whatever for any act done or services rendered in a criminal action or proceeding commenced or prosecuted in disregard of the provisions of this section. [C. L. § 4839*.

N. Dak. (1895) 27891*.

Form of complaint, 4610. Magistrate defined, ? 4608.

4616. Warrant defined. Form. A warrant of arrest is an order in writing in the name of the state, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

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The state of Utah to any sheriff, constable, marshal, or policeman of said state, or of the county of

:

Complaint on oath having been this day made before me, by A B, that the crime of (designating it), has been committed, and accusing C D thereof, you are therefore commanded forthwith to arrest the above named C D, and bring him before me at (naming the place) or in case of my absence or inability to act, before the nearest or most acces ible magistrate in this county. Dated at

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When necessary, the magistrate may insert therein a clause to the effect that if the accused has fled from justice, that the peace officer pursue him into any other county of this state and there arrest him. [C. L. § 4840.

Cal. Pen. C. 814*.

4617. Id. Requisites. The warrant must specify the name of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state the time of issuing it, and the county,

city, or precinct where issued, and be signed by the magistrate.with his name of office. [C. L. § 4841.

Cal. Pen. C. 2815.

4618. Warrant directed to and executed by peace officer. The warrant must be directed to and executed by a peace officer. [C. L. § 4842*.

Cal. Pen. C. ? 816.

Peace officer defined, 4609.

4619. Id. Issued by supreme or district judge. If a warrant is issued by a justice of the supreme court, or judge of a district court, it may be directed generally to any sheriff, constable, marshal, or policeman in the state. and may be executed by any of those officers to whom it may be delivered in any part of the state.

Mont. Pen. C. ? 1603; N. Dak. (1895) ? 7896.

4620. Id. Issued by justice of the peace. If a warrant is issued by any other magistrate, it may be directed generally to any sheriff, constable, marshal, or policeman in the county in which it is issued, and may be executed by such officer in any part of the state.

Mont. Pen. C. ? 1604; N. Dak. (1895) ? 7897.

4621. Officer may call for aid in any county. An officer pursuing a person for whom he has a warrant, into another county than the one in which he holds office, may, in the county where he finds such person, call for assistance, and command aid, and exercise authority, as if in his own county.

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Officer may command assistance, 22 4144, 4541. Authority of person assisting,

4521.

4622. Return of prisoner if offense a felony. If the offense charged is a felony, the officer making the arrest must take the defendant before the magistrate who issued the warrant, or some other magistrate of the same county. [C. L. § 4843.

Mont. Pen. C. 1606; N. Dak. (1895) 7899; Cal. Pen. C. ? 821.
Arrest, general provisions, ?? 4635–4654.

4623. Id. If offense a misdemeanor not triable by justice. If the offense charged in the warrant is a misdemeanor not within the jurisdiction of the magistrate who issued it to try and punish upon conviction, and the defendant is arrested in another county, the officer must, upon being required by the defendant, take him before a magistrate in that county, who must admit the defendant to bail and take bail from him accordingly. [C. L. § 4844*.

Cal. Pen. C. 822*.

Bail, qualifications of sureties, etc., ?? 4983-5010. Rights to admission to bail, Con. art. 1, secs. 8, 9. 4624. Procedure when bail taken. On taking the bail, the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer must then discharge the defendant from arrest, and must, without delay, deliver the warrant and undertaking to the clerk of the court at which the defendant shall be required to appear. [C. L. § 4845.

Cal. Pen. C. ? 823.

4625. Return and bail if offense triable by justice. If the offense charged in the warrant be within the jurisdiction of the magistrate who issued it, to try and punish upon conviction, and the defendant be arrested in another county, the officer must, upon being required so to do by the defendant, take him before the most convenient magistrate in that or any adjoining county, who must admit the defendant to bail, and take bail from him accordingly, naming therein a time not exceeding twenty days nor less than one day for each twenty miles from the place of taking it to the place of the magistrate's office who issued the warrant, for the defendant to appear. [C. L. § 4845*.

4626. Id. Procedure by magistrate. On taking the bail, the magistrate and officer must proceed as directed in section forty-six hundred and

twenty-four, except that the warrant and undertaking must be delivered by the latter to the magistrate before whom the defendant shall be required to appear. [C.. L. § 4845*.

Cal. Pen. C. 823*.

4627. Disposition of defendant if bail not given. If, on the admission of the defendant to bail, the bail is not forthwith given, the officer must take the defendant before the magistrate who issued the warrant, or, in case of his absence or inability to act, before the nearest or most accessible magistrate in the same county, and must, at the same time, deliver to the magistrate the warrant with his return thereon endorsed and subscribed by him. $4846.

Cal. Pen. C. 824.

[C. L.

4628. Defendant to be taken before magistrate without delay. The defendant must in all cases be taken before the magistrate without unnecessary delay. [C. L. § 4847.

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Failure to take arrested person before magistrate, a misdemeanor, ? 4139.

4629. Papers to be sent to magistrate acting. If the defendant is brought before a magistrate other than the one who issued the warrant, the complaint, and depositions, if any, on which the warrant shall have been issued, must be sent to that magistrate. [C. L. § 4848*.

Cal. Pen. C. 826*.

4630. When warrant issued in county where defendant found. When a complaint is made before a magistrate of the commission of a public offense triable in another county of this state but showing that the defendant is in the county where the complaint is made, the same proceedings must be had as prescribed in this chapter, except that the warrant must require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offense is triable, and the complaint, with the depositions, if any, of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered. [C. L. § 4849*.

Cal. Pen. C. 827*.

4631. Id. Delivery of defendant and papers. Bail. The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense shall be triable, and must deliver to him the complaint and the depositions, if any, and the warrant with his return indorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself. [C. L. § 4850*.

Cal. Pen. C. 2 8289.

Bail, qualifications of sureties, etc., ?? 4983-5010.

4632. Id. Bail. Procedure. If the offense charged in the warrant, issued pursuant to section forty-six hundred and thirty, is a misdemeanor, the officer must, upon being required by the defendant, take him before a magistrate of the county in which the warrant was issued, who, unless he have jurisdiction to try the defendant, must proceed as provided in chapter sixteen of this title. [C. L. § 4851.

Cal. Pen. C. 829*.

4633. Conveyance through other counties not an escape. An officer who has arrested a defendant on a criminal charge, in any county, may carry such prisoner through such parts of any county or counties as shall be in the ordinary route of travel, from the place where the prisoner shall have been arrested to the place where he is to be conveyed and delivered, under the process by which the arrest shall have been made, and such conveyance shall not be deemed an escape.

Mont. Pen. C. 2 1616; N. Dak. (1895) ? 7909.

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