Putman v. State, 6 Okla. Cr. 138, 117 P. 460; Bonham v. State, 6 Okla. Cr. 227, 118 P. 159.

254. How Conviction Had-No person can be convicted of a public offense, unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon final judgment for or against him upon a demurrer to the indictment or upon a judgment of a police or justice's court in cases in which such judgment may be lawfully given without the intervention of jury or grand jury. (5550 R. L. 1910)

A court of competent jurisdiction is one having power and authority of law at the time of acting to do the particular thing. Ex parte Justus. 3 Okla. Cr. 111, 104 P. 933; Ex parte Adair. 5 Okla. Cr. 374, 115 P. 277; In re Wilkins, 7 Okla. Cr. 423.

In misdemeanor defendant may waive drawing jury from box. Andrews v. State. 5 Okla. Cr. 73, 113 P. 201.

Defendant not entitled to jury in municipal court unless so provided. Ex parte Simmons. 5 Okla. Cr. 400, 115 P. 380.

District and county courts have concurrent jurisdiction of appeals from municipal courts. Meloy v. City of Woodward. 7 Okla. Cr. 16, 120 P. 1119.

"Due process of law," defined. 8 Okla. Cr. 91, 126 P. 840.

Prohibition is the remedy when trial court has no jurisdiction. Warner v. Mathews, Dist. Judge, 11 Okla. Cr. 122, 143 P. 516.

255. Former Conviction or Acquittal-When the defendant shall have been convicted or acquitted upon an indictment or information, the conviction or acquittal is a bar to another indictment or information for the offense charged in the former, or for an attempt to commit the same or for an offense necessarily included therein, of which he might have been convicted under that indictment or information. (5809 R. L. 1910)

256. Inalienable Rights-All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry. (Sec. 2, art. 2, Const.)

257. Courts of Justice Open-The courts of justice of the State shall be open to every person, and a speedy and certain remedy afforded for every wrong and for every injury to persons, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice. (Sec. 6, Art. 2, Const.)

258. Enumeration of Rights Not Restrictive-The enumeration in this Constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people. (Sec. 33, Art. 2, Const.)

259. Conservators of the Peace-Style of Writs-All judges of courts of this State, and justices of the peace shall, by

virtue of their office, be conservators of the peace throughout the state. The style of all writs and processes shall be "The State of Oklahoma, (Sec. 19, Art. 7, Const.)

*

*

260. Magistrate Defined-A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense. (5627 R. L. 1910)

261. Who Are Magistrates-The following persons are magistrates:

First. The justices of the Supreme Court.

Second. The judges of the Criminal Court of Appeals.

Third. The district judges.

Fourth. The superior court judges.

Fifth. The county judges.

Sixth. Justices of the peace.

Seventh. Police court judges. (5628 R. L. 1910)

262. Accessories and Principals in Felony-The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated, and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense or aid and abet in its commission, though not present, must be prosecuted, tried and punished as principals, and no additional facts need be alleged in any indictment or information against such an accessory than are required in an indictment or information against his principal. (5757 R. L. 1910)

263. Informer to Pay Costs, When-If any informer, under a penal statute, to whom the penalty, or any part thereof, if recovered, is given, shall dismiss his suit or prosecution, or fail in the same, he shall pay all costs accruing on such suit or prosecution, unless he be an officer whose duty it is to commence the same. (6133 R. L. 1910)

264. Reward for Criminal's Arrest-Whenever the Governor is satisfied that any crime has been committed within the State, and that the person charged therewith has not been arrested, or has escaped therefrom, in his discretion he may offer a reward not exceeding $500 for the arrest and delivery to the proper authorities of the person so charged, which reward shall be audited upon the certificate of the Governor that the same has been earned and paid out of any appropriation available therefor. (8055 R. L. 1910)

265. Same The Governor is hereby authorized, in his discretion, to offer a reward of not exceeding $1,000 for the ar

rest and conviction of any person who commits or attempts to commit any felony. Such reward may be paid to any officer, agency, or person who makes such arrest and conviction is secured. In case any person shall forcibly resist arrest, and shall be killed in the attempt to accomplish his arrest, the reward shall, in the discretion of the Governor, be paid the same as in the case of conviction. (S. L. 1915, 14)

266. Right to Use Force-Any necessary force may be used to protect from wrongful injury the person or property of one's self, or of a wife, husband, child, parent or other relative, or members of one's family, or of a ward, servant, master, or guest. (2958 R. L. 1910)

Grand Jury, Number and Power-A grand jury shall be composed of twelve men, any nine of whom concurring may find an indictment or true bill. A grand jury shall be convened upon the order of a judge of a court having the power to try and determine felonies, upon his own motion; or such grand jury shall be ordered by such judge upon the filing of a petition therefor signed by one hundred resident taxpayers of the county; when so assembled such grand jury shall have power to investigate and return indictments for all character and grades of crime, and such other powers as the Legislature may prescribe; Provided, that the Legislature may make the calling of a grand jury compulsory. (Sec. 18, Art. 2, Const.) Disclosing proceedings of grand jury, see sec. 1641.

268. Grand Jury Defined-A grand jury is a body of men consisting of twelve jurors impaneled and sworn to inquire into and true presentment make of all public offenses against the State committed or triable within the county for which the court is holden. (5696 R. L. 1910)

269. Who May Challenge-The State or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual grand juror. (5697 R. L. 1910)

270. Grounds for Challenge to Panel-A challenge to the panel may be interposed by either party for one or more of the following causes only:

First. That the requisite number of ballots was not drawn from the jury box of the county or subdivision.

Second. That the drawing was not had in the presence of the officers designated by law, or in the manner prescribed by law. (5698 R. L. 1910)

271. Jury Discharged-If a challenge to the panel be allowed, the grand jury must be discharged. (5699 R. L. 1910)

272. Grounds for Challenge to Juror-A challenge to an individual grand juror may be interposed by either party, for one or more of the following causes only:

First. That he is a minor.

Second. That he is not a qualified elector.

Third. That he is otherwise disqualified under any of the provisions of law, in relation to the qualification of grand jurors.

Fourth. That he is insane.

Fifth. That he is a prosecutor upon a charge against the defendant.

Sixth. That he is a witness on the part of the prosecution and has been served with process by an undertaking as such. Seventh. That a state of mind exists on his part in reference to the case, or to either party, which will prevent him from acting impartially and without prejudice to the substantial rights of the party challenging; but no person shall be disqualified as a grand juror, by reason of having formed and expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety; provided, it satisfactorily appear to the court, upon his declaration, under oath, or otherwise, that he can and will, notwithstanding such opinion, act impartially and fairly upon the matters to be submitted to him. (5700 R. L. 1910)

The mere fact that a person is a member of an organization for the purpose of aiding public officers in the maintenance of law and order, is not a disqualification to serve as a grand juror. Fooshee v. State, 3 Okla. Cr. 666, 108 P. 554.

A person who has been a witness against defendant in a preliminary is not a qualified grand juror. Cowart v. State, 4 Okla. Cr. 122.

273. Challenge, Oral or Written-Challenges may be oral or in writing, and must be tried by the court. (5701 R. L. 1910)