CHAPTER V

PROCEEDINGS IN THE CIRCUIT COURT IN CRIMINAL CASES.

I. JURISDICTION OF THE CIRCUIT COURT.

II. THE GRAND JURY.

III. THE INDICTMENT.

IV. ARREST UPON INDICTMENT AND ADMITTING TO BAIL.

V. COUNSEL, MOTION TO QUASH INDICTMEnt, ArraignmENT AND

PLEAS.

VI. PROCEEDINGS BEFORE TRIAL.

1. Change of Venue.

2. Procuring the Evidence.

3. Continuance.

VII. THE PETIT JURY.

VIII. THE TRIAL.

1. Miscellaneous Matters Incident to the Trial.

2. Openings of Counsel.

3. Presence of Prisoner.

4. Evidence.

5. Closing Arguments.

6. Instructions.

7. Retiring of the Jury to Deliberate of their Verdict.

8. The Verdict.

9. Reception of the Verdict.

10. Amendment of the Verdict.

11. Motion for a New Trial.

12. Motion in Arrest of Judgment.

IX. SENTENCE, JUDGMENT, RECORD AND EXECUTION.

1. Sentence and Judgment.

2. The Record.

3. Execution of the Judgment.

X. WRITS OF ERROR.

1. Bill of Exceptions.

2. Miscellaneous Matters Relating to Writs of Error.

SECTION I

JURISDICTION OF THE CIRCUIT COURT.

$755. Provisions of the Statute.

756. Of Cook County.

757. Prosecution to be by Indictment.

758. Local Jurisdiction.

759. Offenses on County Line.

760. Party Killing in One County and Party Killed in Another.

761. Cause Administered in One County, Death Occurring in Another. 762. Jurisdiction in Larceny.

763. Offenses Committed on Navigable Waters of this State.

764. Offenses Commenced Without, but Consummated Within the State. 765. Offense Committed on Railroad Car or Water Craft.

"The circuit courts of the

$755. Provisions of the Statute. several counties, except of the county of Cook, shall have exclusive, original jurisdiction of all criminal offenses, except as otherwise provided by law."

$756. Of Cook County."The criminal courts of Cook county shall have original, exclusive jurisdiction of all criminal offenses in the county of Cook, except such as is conferred upon justices of the peace, and appellate jurisdiction from justices of the peace."

$757. Prosecution to be by Indictment. - "All offenses

cog

'R. S., 406, § 392. A statute giving another court exclusive jurisdiction over misdemeanors is unconstitutional. Myers v. People, 67 Ills., 503; Weatherford . People, 67 Ills., 520. As to the construction of the statute of Iowa relating to the jurisdiction in a case of larceny, State v. Riley, 28 Iowa, 547, see State v. Dawson, 17 Iowa, 584; of trespass, State v. Shaffer, 21 Iowa, 486; in a case of an assault with intent of doing great bodily injury, State v. Carpenter, 23 Iowa, 506; in a case of assault and battery, State v. Lee, 37 Iowa, 402.

nizable in the said courts shall be prosecuted by indictment.' 991

$758. Local Jurisdiction. "The local jurisdiction of all of fenses, not otherwise provided for by law, shall be in the county where the offense was committed.'

992

$759. Offense on County Line. "Where an offense shall be committed on a county line, or within one hundred rods of the same, it may be so alleged, and the trial may be in either county divided by such line; and where any offense shall be committed against the person of another, and the person committing the offense shall be in one county, and the person receiving the injury shall be in another county, the trial may be had in either of the said counties."3

§760. Party Killing in one County and Party Killed in Another. "If the party killing shall be in one county, and the party killed be in another county, at the time the cause of death shall be administered or inflicted, or if it is doubtful in which of several counties the cause of death was administered or inflicted, the accused may be tried in either county."

499

761. Cause Administered in one County, Death Occurring in Another. "If the cause of death is administered or inflicted in one county, and the party die within another county, or without the state, the accused shall be tried in the county where the cause of death was administered or inflicted.""

3762. Jurisdiction in Larceny. "Where property is stolen in

'R. S., 406, § 394.

" Id., § 395.

3 Id., § 396. In Iowa it has been held that a person might be tried in the district court of that state for keeping a house of ill-fame on a boat in the Mississippi river, although such boat when so used for a portion of the time as the water receded, rested upon the soil of an island, on the east side thereof, near the Illinois shore. State v. Mullen, 35 Iowa, 199; Mahler v. Transportation Co., 35 N. Y., 352.

R. S., 407, § 397.

R. S., 407, § 398. This section of the statute is not in conflict with the provision of the constitution, which secures to a person accused the right to a "trial by an impartial jury of the county or district in which the offense is alleged to have been committed." R. S., 60, § 9; State v. Pauley, 12 Wis., 599.

another state or county, and brought into this state, or is stolen in one county of this state, and carried into another, the jurisdiction shall be in any county into or through which the property may have passed, or where the same may be found."

$763. Offense Committed on Navigable Waters of this State."An offense committed on any of the navigable waters bordering on this state, and within the jurisdiction of the state, may be alleged to have been committed, and the offender may be tried in the county opposite which it was committed, or in any county through or into which the boat, raft or vessel, (if committed on either,) may pass or come in the course of the voyage, or in which the voyage may terminate."

§ 764. Offense Commenced without but Consummated within the State."When the commission of an offense commenced without this state is consummated within this state, the of fender shall be liable to punishment therefor in this state, though he was without the state at the time of the commission of the offense charged, if he consummated the offense within this state through the intervention of an innocent or guilty agency, or any means proceeding directly or indirectly from himself; and in such case he may be tried and punished in the county where the offense was consummated."

$765. Offense Committed on a Railroad Car or Water-Craft. "When any offense is committed in or upon any railroad car passing over any railroad in this state, or any water-craft navigating any of the waters within this state, and it cannot readily be determined in what county the offense was committed, the offense may be charged to have been committed and the of fender tried in any of the counties through or along or into which such railroad car or water-craft may pass or come, or can reasonably be determined to have been on or near the the day when the offense was committed."

1R. S., 407, § 399.

" Id., § 400.

⚫ Id., § 401.

⚫ Id., § 402.

769. Appointment and Power of Foremen-Grand Jurors to be Sworn. 770. Grand Jury to Retire to their Room in Charge of an Officer Appointed by the Court-May Appoint one of their own Number to Keep Minutes.

771. Witnesses.

772. Evidence.

773. Objections to the Grand Jury, How and When Taken.

774. Objections to the Mode of Summoning or Impaneling the Grand Jurors, How and when Taken.

$766. Number. "A full panel of the grand jury consists of twenty-three persons, of whom sixteen are sufficient to constitute a grand jury." In finding a bill of indictment, at least sixteen of the grand jury must be present and at least twelve of them must agree to the finding."

3

$767. How Selected and Summoned. The grand jurors are selected by the county board and summoned as required by statute. If they are dismissed before the court adjourns they may be summoned again on any special occasion at such time as the court directs.*

$768. Qualifications. Each grand juror the statute requires to be an inhabitant of the town or precinct, not exempt from serving on juries, of the age of twenty-one years or upwards, and under sixty years old, in the possession of

'R. S., 634, § 16; see Norris House v. State, 3 Greene Iowa, 513. 'R. S., 408, § 407; Id., 634, § 17; State v. Ostrander, 18 Iowa, 442 'R. S., 631, 29.