When the Contempt can be suppressed otherwise than by Commitment.

Criticisms on cases before court constitute contempt, 957.

and so as to other publications interfering with due course of justice, 958.
but summary commitment only to be used when necessary, 959.

in cases of this class an ordinary prosecution is the better course, 960.
danger of depositing such power in courts, 961.

By whom such Commitments may be issued.

Superior courts have power to issue common law commitments, 962.
other courts are limited to contempts in their presence, 963.

so as to legislatures, 964.

Indictability of Contempts: Embracery.

Interference with public justice indictable, 965.

so with embracery, or improper interference with jury, 966.
Practice.

In cases in face of court rule may be made instantly returnable, 967.
otherwise as to contempts not in face of court, 968.

hearing may be inquisitorial, 969.

Punishment.

Court may fine and imprison, 970.

commitment must be for fixed period, 971.

fine goes to State, 972.

Conviction no Bar to other Proceedings.

Contempt not barred by other procedure, and the converse, 973.
proceedings in, when a bar to indictments, 445.

Appeal, Error, and Pardon.

When on record, proceedings may be revised in error, 974.
pardon does not usually release, 975.

CONTINUANCE AND CHANGE OF VENUE.

On Application of Prosecution.

By statute in some States trial must be prompt, 583.

On Application of Defendant. - Absence of Material Witness.

Such absence ground for continuance if due diligence is shown, 585.

and so on unauthorized withdrawal of witness, 586.

continuance not granted when witness was out of jurisdiction of court, 587.

not granted when there has been laches, 588.

or unless there was due diligence, 589.

not granted when testimony is immaterial, 590.

affidavit must be special, 591.

impeaching witnesses, and witnesses to character, not "material," 592.
if object be delay, reason ceases, 593.

refusal cured by subsequent examination of witness, 594.

usually continuance is refused when opposite party concedes facts, 595.
not granted when witness had notice, unless he secretes himself, 596.

Inability of Defendant or Counsel to attend.

Inability to attend may be a ground for continuance, 597.

Improper Prejudice of Case.

Continuance granted when there has been undue prejudice of case, 598.

CONTINUANCE AND CHANGE OF VENUE — (continued).
Inability of Witness to understand Oath.

In such case continuance may be granted, 599.

Pendency of Civil Proceedings, 599 a.

New Trial.

For refusal to give continuance new trial may be granted, 600.
Question in Error.

Refusal to continue not usually subject of error, 601.
Change of Venue.

On due cause shown venue may be changed, 602.
CONTINUOUS OFFENCE, how far divisible, 475.
how affected by statute of limitations, 321.

CONVICTION, meaning of term, 935.

effect of foreign, 936.

proceedings on second trial, 935.

form of (see SENTENCE).

new trial after (see NEW TRIAL), 790.

when court may direct, 812.

CONVICTS, RELAPSED, practice as to, 935 et seq.

COPY, requisites of exactness of in indictment (see WRITTEN INSTR u-
MENTS), 167 et seq.

CORPORATIONS, name of, how to be given in indictment, 100, 110.
COSTS, when removed by pardon, 528.

on motion for new trial, 901.

COUNSEL.

Counsel for Prosecution.

Prosecuting attorneys may employ associates, 555.
prosecuting attorney occupies semi-judicial post, 556.
Counsel for Defence.

Defendants entitled to counsel by Constitution, 557.
counsel, if necessary, may be assigned by court, 558.
such counsel may sue county for their fees, 559.

Duties of Counsel.

Order and length of speeches at discretion of court, 560.

prosecuting attorney not to open confessions or matter of doubtful admis-

sibility, 561.

counsel on both sides should be candid in opening, 562.

opening speeches not to sum up, 563.

examination of witnesses at discretion of court, 564.

prosecution should call all the witnesses to the guilty act, 565.

order of testimony discretionary with court, 566.

impeaching testimony may be restricted, 567.

witness to see writings before cross-examination, 568.

witnesses may be secluded from court-room, 569.

defendant's opening to be restricted to admissible evidence, 570.

reading books is at discretion of court, 571.

counsel may exhibit mechanical evidence in proof, 572.

if defendant offers no evidence, his counsel closes, 573.

COUNSEL (continued).

otherwise when he offers evidence, 574.

defendants may sever, 575.

priority of speeches to be determined by court, 576.

misstatements not ground for new trial if not objected to at time, 577.
ordinarily counsel are not to argue law to jury, 578.

party may make statement to jury, 579.

absence of, when ground for continuance (see ATTORNEY GENERAL).
mistake of, when ground for new trial, 876.

COUNT, defective, when vitiating indictment, 771.

COUNTS, distribution of punishment as to (see SENTENCE), 907.
joinder of (see JOINDER OF OFFENCES), 285.
when bad, to be withdrawn by prosecution, 737.
"COUNTY," averment of (see PLACE), 146.

how to be averred, when divided, 141.

COURT, power of as to preserving order (see NEW TRIAL, TRIAL).
may preserve order by attachments (see CONTEMPT), 948.

directs order and details of trial, 563 et seq.

power of as to law and fact (see CHARGE OF COURT, NEW TRIAL).
any material misruling ground for new trial, 793.

and so as to mistaken ruling as to presumption of fact, 794.

omission to charge cumulatively is no error, 795.

not required to charge as to undisputed law, when no points are ten-
dered, 796.

otherwise when jury fall into error from lack of instruction, 796 a.
abstract dissertations are not required, 797.

may give opinion as to weight of evidence, 798.

may give supplementary charge, but not in absence of defendant, 799.

erroneous instruction on one point vitiates when there is general verdict,
800.

may adjourn during deliberations of jury, 744.

power of as to contempts (see CONTEMPTS), 948 et seq.

COURT-MARTIAL, judgment of, when a bar, 439.

when reviewable by habeas corpus, 997.

jurisdiction of, 979, note.

CRIMINAL PROSECUTIONS, removal of to federal courts, 783 a.
CROSS-BILLS, practice as to, 698.

"CRUEL AND UNUSUAL," what punishments are, 920.

CUMULATIVE AVERMENTS, may be discharged as surplusage, 158.
CUMULATIVE CONVICTIONS, practice as to (see SENTENCE), 935.
CUMULATIVE PUNISHMENTS, when permitted on one indictment, 910.
CUSTODY, when defendant must be in during trial, 540 a.

escape from (see ARREST, SENTENCE).

commitment to for misconduct (see CONTEMPT).

DATE, pleading of (see TIME), 124 et seq.

DATES, averment of in indictment (see TIME), 120 et seq.
DAY OF THE WEEK, when to be alleged, 121.

DEAFNESS, when disqualifying juror, 669–692.
DEATH, when to be suggested on record, 308.
sentence to, 914.

place of in indictment for homicide, 138.

"DEED," averment of, 197.

DE FACTO OFFICERS, acts of not reviewable on habeas corpus, 996.
DEFAULT, no conviction sustainable for, 540.

DEFENDANT.

Right to take Money from Person of.

Proof of crime may be taken from person, 60.

but not money unless connected with offence, 61.
pleading name of, 96.

right to be present on trial, 540 et seq.

right of to make statement to jury, 579.

to be asked if he has anything to say in sentence, 906.

DEFENDANTS, joinder of (see JOINDER OF Defendants), 301.
DEGREE OF CRIME, practice as to designating in verdict, 752.
DELAY IN PROSECUTION, when barring prosecution, 326.
DELIBERATIONS OF JURY, to be protected from intrusion, 727.
DEMURRER, reaches defects of record, 400.

may go to particular counts, 401.
brings up prior pleadings, 402.

admits facts well pleaded, 403.

nature of judgment in, 404, 405.

joinder in is formal, 407 a.

demurrer should be prompt, 407 b.

DEMURRER TO EVIDENCE, brings up whole case,

DEPOSITIONS, when evidence on habeas corpus, 1004.

706.

DESCRIPTIVE AVERMENT, must ordinarily be proved, 160.

DISCONTINUANCE (see NOLLE PROSEQUI).

DISCRETION, exercised in motion to quash, 385.

DISCRETION OF COURT, limits of, 779.

DISFRANCHISEMENT, penalty of, 939.

DISJUNCTIVE AVERMENTS not ordinarily admissible, 161 et seq.

DISMISSAL OF CASE no bar to indictment, 447.

DISOBEDIENCE, to magistrate, 10 et seq.

to court, 947 et seq.

DISORDER IN COURT may be punished by attachment, 954 et seq.
DISORDERLY PERSONS, when to be held to bail, 80.

DISQUALIFICATION, of judge, 605.

of juror, 608 et seq.

of grand juror, 344.

DISSUADING WITNESSES, a contempt, 954.

DISTRICT, what has urisdiction in United States courts, 139 et seq.
DISTRICT ATTORNEY (see ATTORNEY GENERAL).

DIVISIBILITY OF COUNT, may be determined by verdict, 742.
DIVISIBILITY OF OFFENCES, by place, 473.

by time (see SURPLUSAGE), 474.

DOCUMENTS, pleading of (see WRITTEN INSTRUMENTS), 167 et seq.
DOUBLE ACTS, when divisible, 488.

DOUBLE OFFENCES, when to be joined (see DUPLICITY).
DRUNKENNESS, disqualifying juror, 689, 841.
DUMBNESS, when excusing plea, 417.

DUPLICITY.

Joinder in one count of two offences is bad, 243.

exception when larceny is included in burglary or embezzlement, 244.
and so where fornication is included in major offence, 245.

when major offence includes minor, conviction may be for either, 246.
"assault" is included under "assault with intent," 247.

on indictment for major there can be conviction of minor, 248.

misdemeanor may be enclosed in felony, 249.

but minor offence must be accurately stated, 250.

not duplicity to couple alternate statutory phases, 251.

several articles may be joined in larceny, 252.

and so of double overt acts, 253.

and so of double batteries, libels, or sales, 254.
duplicity is usually cured by verdict, 255.

DUTY, allegation of, 151 et seq.

EAVESDROPPING, an offence, 721, 729.

ELECTION between offences charged, when compelled, 293, 294.
EMBEZZLEMENT, bill of particulars allowed in, 703.

jurisdiction in cases of, 149.
EMBRACERY, how punished, 966.

ENACTING clause of statute, scope of, 238.
ENGLISH, indictment must be in, 274-276.
juror must understand, 669.

ERASURES in indictment not fatal, 277.
ERROR, WRIT OF.

To what courts, 770.

How one bad Count affects Conviction.

One bad count may vitiate judgment, 771.

Bill of Exceptions.

At common law bill of exceptions cannot be tendered, 772.

In whose behalf Writ of Error lies.

At common law no writ of error lies for prosecution; otherwise by stat-
ute, 773.

for defendant a special allocatur is usually necessary, 774.

fugitive cannot be heard on writ, 774 a.

At what Time.

Error does not lie till after judgment, 775.

failure to demur, &c., does not affect right, 776.

For what Errors.

At common law only to matter of record, 777.
otherwise by statute, 778.

error does not lie to matters of discretion, 779.