§ 758. Ordering and compelling further or amended return. If the return be defective, a further or amended return may be ordered, and the order may be enforced in the manner provided in the last section. Id., § 61. § 759. Appeal, by whom and how brought to argument. When the return is made, the appeal may be brought to argument by the defendant, on any day in term, upon a notice of not less than five days before the term, to the district attorney of the county. Id., §§ 62, 73. § 760. If not brought to argument, as provided in last section, to be dismissed, unless continued for cause shown, If the defendant omit to bring the appeal to argument, as provided in the last section, the court must dismiss it, unless it continue the same, by special order, for cause shown. Id., § 71. § 761. Service of return on district attorney, and consequences of failure. - The defendant must serve upon the district attorney, a copy of the return, with or before the notice. of argument. If he fail to do so, the appeal must be dismissed, upon proof of the failure, unless the court otherwise direct. Id., § 73. § 762. If brought to hearing by defendant, appeal must be argued, though no one oppose, etc.—If the appeal be brought to hearing by the defendant, it must be argued, though no one appear to oppose; but if brought on by the district attorney, he may take judgment of affirmance, unless the defendant appear to argue the appeal. See Rule 21, Ct. Appeals. § 763. Appeal to be heard on original return. — The appeal must be heard upon the original return; and no copy thereof need be furnished for the use of the court. New. § 764. (Amended 1882.) What judgment may be rendered. After hearing the appeal the court must give judgment without regard to technical errors or defects which have not prejudiced the substantial rights of the defendants, and may render the judgment which the court below should have rendered, or may, according to the justice of the case, affirm or reverse the judgment, in whole or in part, as to all or any of the defendants, if there be more than one, or may order a new trial, or may modify the sentence. New. $765. Judgment to be entered on the minutes. When judgment is given upon the appeal, it must be entered upon the minutes. New. § 766. Order upon judgment for affirmance.- If the judgment be affirmed, the court must direct its execution, and if the defendant be discharged on bail, after the commencement of the execution of a judgment of imprisonment, must commit him to the proper custody for the remainder of his term of imprison ment. 3 R. S., 1013, §§ 69, 70. § 767. Order upon judgment of reversal. If the judg ment be reversed, and the defendant be imprisoned in pursuance of the judgment of the police court, the court of sessions must order him to be discharged. 3 R. S., 1014, §§ 68, 69. § 768. If new trial ordered, to be had in court of sessions; proceedings thereon.-If a new trial be ordered, it must be had in the court of sessions, in the same manner as upon an issue of fact on an indictment; and that court may proceed to judgment and execution, as in an action prosecuted by indictment. New. $769. Proceedings to carry judgment upon appeal into effect, to be had in court of sessions.- If any proceedings be necessary to carry the judgment upon the appeal into effect, they must be had in the court of sessions. Id., § 68. $770. On judgment of court of sessions, defendant may appeal to supreme court; his admission to bail.—If the judgment on the appeal be against the defendant, he may appeal therefrom to the supreme court, in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon the appeal, in like manner. New. 771. Judgment of supreme court upon appeal, final. The judgment of the supreme court upon the appeal is final. New. § 772. Proceedings to carry into effect judgment of supreme court. The same proceedings must be had, to carry into effect the judgment of the supreme court upon the appeal, as if it had been taken upon a judgment in an action prosecuted by indictment. New. PART VI. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. III. OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON. VI. OF PROCEEDINGS RESPECTING VAGRANTS. VII. OF PROCEEDINGS RESPECTING DISORDERLY PERSONS. PERSONS. IX. OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES AND SERVANTS. X. OF CRIMINAL STATISTICS. XI. MISCELLANEOUS PROVISIONS RESPECTING PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. SECTION 773. In what cases coroner to summon a jury; number of jurors to be summoned. 774. Jury to be sworn. 775. Witnesses to be subpoenaed. 776. Compelling attendance of witnesses, and punishing their dis obedience. 777. Verdict of the jury. 778. Testimony, how taken and filed. 779. If defendant arrested before inquisition filed, depositions to bo delivered to magistrate, and by him returned. 780. Warrant for arrest of party charged by verdict. 781. Form of warrant. 782. Warrant, how executed. 783. Proceedings of magistrate, on defendants being brought before him. 784. Clerk with whom inquisition is filed, to furnish magistrate with county treasurer. SECTION 786. County treasurer to place money to credit of county; and to sell other property and place proceeds to credit of county. 787. Money, when and how paid to representatives of deceased. 788. Supervisors to require statement under oath, from coroner, before auditing his accounts. 789. In New York, police justices may perform duties of coroner, during his inability. 790. Compensation of coroners. § 773. In what cases coroner to summon a jury; number of jurors to be summoned. When a coroner is informed that a person has been killed or dangerously wounded by another, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another, by criminal means, or has committed suicide, he must go to the place where the person is, and forthwith summon not less than nine nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith, at a specified place, to inquire into the cause of the death or wound. 3 R. S., 1039, § 1; Laws 1847, ch. 118. 8774. Jury to be sworn. When six or more of the jurors appear, they must be sworn by the coroner to inquire who the person was, and when, where and by what means he came to his death or was wounded, as the case may be, and into the circumstances attending the death or wounding, and to render a true verdict thereon, according to the evidence offered to them, or arising from the inspection of the body. Id., § 5. § 775. Witnesses to be subpoenaed. The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint. He must summon and examine as witnesses, every person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death or wounding. Id., § 6; Laws 1873, ch. 833. (a) Prisoner cannot cross-examine. The prisoner has no right to cross-examine witnesses before the coroner, or to produce witnesses in his own behalf. (People v. Collins, 20 How., 111; 11 Abb., 406.) |