Refusing to assist. R. 2 4491. C. '51, 2 2795. assist him in the execution of process, as provided in section four thousand one hundred and forty-five of this chapter, who, without lawful cause, refuses or neglects to obey such command, is guilty of a misdemeanor. SEC. 4148. If it appear to the governor that the power of any When power of county is not sufficient to enable the sheriff to execute process delivered to him, he may, on the application of the sheriff, order such posse or military force from any other county or counties as is necessary. county not suf- Unlawful as- C. '51, 2797. Arrest. C. '51, 2798. Refusing to aid. R. 24495. C. '51, 2799. R. 24496. C. '51, § 2800. SEC. 4149. When persons to the number of twelve or more, armed with dangerous weapons, or persons to the number of thirty or more, whether armed or not, are unlawfully or riotously assembled in any city or town, the judges, sheriff, and his deputies if they be present, the mayor, aldermen, marshal, constables, and justices of the peace of such city or town, must go among the persons assembled, or as near them as may be safe, and command them, in the name of the state, immediately to disperse. SEC. 4150. If the persons assembled do not immediately disperse, the magistrates and officers must arrest them, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county. SEC. 4151. If any person commanded to aid the magistrate or officer, without good cause neglect to do so, he is guilty of a misdemeanor. SEC. 4152. If a magistrate or officer having notice of an unlawFailure of duty. ful or riotous assembly as above provided in this chapter, neglect to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the persons, he is guilty of a misdemeanor. SEC. 4153. If the persons so assembled and commanded to disAssembly will perse, do not immediately disperse, any two of the magistrates or officers before mentioned, may command the aid of a sufficient number of persons, and may proceed in such manner as, in their judgment, is necessary to disperse the assembly and arrest the not disperse. R. 8 4497. C. '51, & 2801. When armed offenders. SEC. 4154. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the force is called offenders, it must obey such orders in relation thereto as have been made by the governor, or by a judge of the supr me, district, or circuit court, a sheriff, or magistrate, as the case may be. out. C. '51, 2802. Who liable to CHAPTER 7. OF LOCAL JURISDICTION OF PUBLIC OFFENSES. SECTION 4155. Every person, whether an inhabitant of this or any other state or country, or of a territory, or district of the the laws of this United States, is liable to punishment by the laws of this state for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States. State. R. 2 4500. court. SEC. 4156. The local jurisdiction of the district court, is of of district offenses committed within the county in which it is held, and of R. 4502. such other cases as are, or may be, provided by law. out but con within State. SEC. 4157. When the commission of a public offense com- Offenses.commenced without this state is consummated within the boundaries menced withthereof, the defendant is liable to punishment therefor in this summated state, though he was without the state at the time of the com- R. 4505. mission of the offense charged; provided he consummated the C. 51, § 2804. offense through the intervention of an innocent or guilty agent within this state, or any other means proceeding directly from himself; and in such case the jurisdiction is in the county in which the offense is consummated. Stealing property in another state and bringing it within this state is not an act contemplated by this section, but the thief is punishable in this state under the provisions as to without the state. SEC. 4158. When an inhabitant or resident of this state, by Fighting duel previous appointment or engagement, fights a duel, or is concerned as second therein without the jurisdiction of the state, and R.4506. in such duel a wound is inflicted upon any person whereof he die within this state, the jurisdiction of the offense is in the county where the death may happen. C. '51, 2 2805. R. 24507. SEC. 4159. When a public offense is committed in part offense part in in one county and part within another, or when the acts or one county. effects constituting, or requisite to the consummation of the C. 51, 2806. offense, occur in two or more counties, jurisdiction is in either county. This section does not apply to the crime of abortion. Where the drug, etc., is administered in one county and the miscarriage occurs in an other, the crime is completed where Near boundary SEC. 4100. When a public offense is committed on the boundary of two or more counties, or within five hundred yards there- of two counof, the jurisdiction is in either county. ties. Where one county takes jurisdiction | recover the costs of prosecution from C. 51, 2807. of a crime committed in an adjoining the latter: Floyd Co. v. Cerro Gordo county, but within five hundred yards Co., 47-186. of the boundary, the former cannot R. 2 4509. SEC. 4161. When an offense is committed within the jurisdic- On boats, rafts, tion of this state on board a boat, raft, or vessel navigating a etc. river, lake, or canal, or lying therein in the prosecution of her C. 51, 2808. voyage, the jurisdiction is in any county through which the boat, rait, or vessel is navigated in the course of her voyage, or in the county where the voyage shall terminate. in any county in certain cases. C. '51, 2809. SEC. 4162. The jurisdiction of an indictment for the crime of Jurisdiction forcibly, and without lawful authority seizing and confining another, or kidnapping him with intent, against his will, to cause him to be confined or imprisoned within the state, or to be sent R.4510. out of the state; or of taking or enticing away a child under the age of twelve years from the parents, guardian, or other person having the legal charge of the person, with the intent to detain or conceal such child; or of taking or euticing away an unmarried female of previously chaste character under the age of fif Bigamy. C. '51, 2 2810. When convic- teen years, for the purpose of prostitution; or of taking any woman unlawfully and against her will, or by force, menace, or duress, compelling her to marry against her will; or of seducing and debauching any unmarried woman of previously chaste character, is in any county in which the offense is committed, or into or out of which the person upon whom the offense was committed may, in the prosecution of the offense, have been brought, or in which an act is done by the offender in instigating, procuring, promoting, aiding in, or being an accessory to the commission of the offense, or in abetting the parties concerned therein. SEC. 4163. When the offense of bigamy is committed in one county, and the defendant is apprehended in another, the jurisdiction is in either county. SEC. 4164. When the offense is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to prosecution or indictinent thereof in another. CHAPTER 8. Murder. C. '51, ¿ 2811. Limitation: within eighteen months. R. 4514. C. '51, ¿ 2812. Three years. R. 4515. Misdemeanor triable before a justice. of the s ate. R. 4516. THE TIME OF COMMENCING CRIMINAL ACTIONS. SECTION 4165. A prosecution for murder may be commenced at any time after the death of the person killed. SEC. 4166. An indictment for a public offense must be found within eighteen months after the commission thereof, in the following cases, and not after: age 1. Taking or enticing away an unmarried female, under the of fifteen years, for the purpose of marriage or prostitution; 2. Seducing or debauching an unmarried female, of previously chaste character; 3. For rape and adultery; 4. For an assault with intent to commit a rape. Under the Code of 1851, held, that | 308. the limitation in a criminal action It is not material that the time of could not be raised by demurrer to the commission of the offense, as the indictment, but such fact must be stated in the indictment, should be specially pleaded: The State v. Hus- such as to bring it within the period sey, 7-409; The State v. Groome, 10-' of limitation: See note to § 4301. SEC. 4167. In all other cases an indictment for a public offense must be found within three years after the commission thereof, and not afterwards. SEC. 4168. A prosecution for a misdemeanor, triable before a justice of the peace, must be commenced within one year after the commission thereof, and not after. SEC. 4169. If, when the offense is committed, the defendant is Defendant out out of the state, the indictment or prosecution may be found or commenced within the time herein limited after his coming into the state, and no period during which the party charged was not usually and publicly resident within the state is a part of the limitation. C. '51, 2814. ment is found. SEC. 4170. An indictment is found within the meaning of this When indictchapter, when it is duly presented by the grand jury in open R. 24517. court and there received and filed. C. '51, 2815. CHAPTER 9. OF FUGITIVES FROM JUSTICE. pointed to ar SECTION 4171. The governor of the state may, in any case Agents apauthorized by the constitution and laws of the United States, ap- prehend: expoint agents to demand of the executive authority of any other pense R. 2 4518. state or territory, or from the executive authority of any foreign c. 51, 3282. government any fugitive from justice charged with treason or felony, and the accounts of the agents appointed for that purpose must be audited by the auditor of state and paid out of the state treasury. allowed. The expenses to be allowed agents for returning fugitives Expenses to be from justice, shall be the fees paid the officers of the state upon whose governor the requisition is made; and the agent shall receive not exceeding ten cents per mile, each way, for all neces- Ten cents per sary travel of himself and for each fugitive, five cents per mile additional for the number of miles which such fugitive shall have been conveyed. mile mileage. for expenses. Bills for such expenses shall be made out in such manner as to Form of bills show the actual route traveled, and the number of miles, and be verified by affidavit, and be accompanied by proof that the fugitive for whom requisition was ma le has been returned and delivered into the custody of the proper authority; provided, that Proviso: the state shall, in no case, pay the costs of returning the fugitive must have where he has not been tried, unless it shall be shown to the satis- been tried. faction of the governor that the want of trial has not been owing to any fault or neglect on the part of the person or persons interested in the prosecution. [As amended by 17th G. A., ch. 65, which added all after the word “treasury" in the eighth line.] To constitute the person a fugitive | ment. The state is not bound to surfrom justice, he must have been in the render one of its citizens who has state where the crime is alleged to constructively committed a crime in have been committed, must have another state, without having been there committed the crime, and must there in person: Jones v. Leonard, have fled therefrom to escape punish- 150-106. fugitive SEC. 4172. No compensation, fee, or reward of any kind, can No compensabe paid to, or received by, a public officer of this state for a ser- tion except as provided by vice rendered or expense incurred in procuring from the governor faw. 'the demand mentioned in the last section, or the surrender of the R. 4519. fugitive, or for conveying him to this state, or detaining him therein, except as provided by law. SEC. 4173. A violation of the last section is a misdemeanor. Misdemeanor. SEC. 4174. No executive warrant for the arrest and surrender R. 4520. of any person demanded by the executive authority of any other state or territory, as a fugitive from the justice of such state or territory, and no requisition upon the executive authority of any other state or territory, for the surrender of any person as a fugitive from the justice of this state, shall be issued, unless the requisition from the executive authority of such other state or territory, or the application for such requisition upon the executive authority of such other state or territory shall be accompanied by sworn evidence that the party charged is a fugitive from justice, and by a duly attested copy of an indictment, or a duly attested copy of a complaint, made before a court or magistrate authorized to receive the same. The fact that the governor consid- such evidence, and his decision may ers the evidence submitted to him be questioned in a habeas corpus prosufficient, and issues his warrant ac-ceeding: Jones v. Leonard, 50–106. cordingly, does not preclude inquiry The sufficiency of evidence in a by the courts as to the sufficiency of particular case, doubted: Ibid. SEC. 4175. Whenever a demand is made upon the governor of this state by the executive of any other state or territory, in any case authorized by the constitution and laws of the United States, for the delivery of any person charged in such state or territory with any crime, if such person is not held in custody or under bail to answer for any offense against the laws of the United States or of this state, he shall issue his warrant under the seal of the state, authorizing the agent who makes such demand, either forthwith or at such time as may be designated in the warrant, to take and transport such person to the line of this state at the expense of such agent, and may also by such warrant require all peace officers to afford all needful assistance in the execution thereof. EXAMINATION BY MAGISTRATE. SEC. 4176. If any person be found in this state charged with any crime committed in any other state or territory, and liable by the constitution and laws of the United States to be delivered over upon the demand of the governor thereof, any magistrate may, upon complaint on oath setting forth the offense and such other matters as are necessary to bring the case within the provisions of law, issue a warrant for the arrest of such person. This section and the following ones are only applicable where the party against whom the proceeding is brought is charged with a crime in some other state, etc., before some court, magistrate or other officer, by an indictment, information, or other accusation known to the law of such state. Unless such fact is made to appear, the magistrate has no jurisdiction: The State v. Hufford, 28391. SEC. 4177. If, upon examination, it appear that there is reasonable cause to believe the complaint true, and that such person may be lawfully demanded of the governor, he shall, if not charged with murder, be required to enter into an undertaking, with sufficient surety in a reasonable sum, to appear before such magistrate at a future day, allowing reasonable time to obtain the warrant from the governor, and abide the order of such magistrate in the premises. SEC. 4178. If such person does not give bail, or if he is charged with the crime of murder, he must be committed to |