Two or more indictme its.

Receiver of stolen goods.

No indictment invalid.

witnesses on the part of the territory have been enticed or kept away, or are detained and prevented from attending court by sickness or some inevitable accident.

TITLE VII.

Indictments and Process thereon.

SEC. 82. If there be at any time pending against the same defendant two or more indictments for the same criminal act, the prosecuting attorney shall be required to elect upon which he will proceed, and upon trial being had thereon, the remaining indictment or indictments shall be quashed.

SEC. 83. Whenever any person shall be liable to prosecution as the receiver of any personal property that shall have been feloneously stolen, taken or embezzled, he may be indicted in any county where he received or had such property, notwithstanding the theft was committed in another county.

SEC. 84. No indictment shall be deemed invalid, nor shall the trial, judgment or other proceedings be stayed, arrested or in any manner affected.

First, By the omission of the words "with force and arms," or any words of similar import; or,

Second, By omitting to charge any offense to have been contrary to a statute or statutes; or,

Third, For the omission of the words, "as appears by the record," nor for omitting to state the time at which the offense was committed, in any case where time is not of the essence of the offense; nor for stating the time imperfectly; nor for want of a statement of the value or price of any matter or thing, or the amount of damages or injury in any case where the value or price, or the amount of damages or injury is not of the essence of the offense; nor for the want of an allegation of the time and place of any material fact, when time and place have once been stated in the indictment; nor that dates and numbers are represented by figures, nor for an omission to allege that the grand jurors were impanelled, sworn or charged; nor for any surplusage or repugnant

allegation, when there is sufficient matter alleged to indicate the crime or person charged; nor for want of the averment of any matter not necessary to be proved; nor for any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits.

ground for a0

SEC. 85. Whenever, on the trial of any indictment for Variance, not any offense, there shall appear to be any variance between quittal. the statement in such indictment, and the evidence offered in proof thereof in the christian name or surname, or both christian name and surname, or other description whatever, of any person whomsoever therein named or described, or in the name or description of any matter or thing whatsoever therein named or described, such variance shall not be deemed ground for an acquittal of the defendant, unless the court before which the trial shall be had, shall find that such variance is material to the merits of the case, or may be prejudicial to the defendant.

for manslaughter

SEC. 86. In any indictment for manslaughter, it shall, In indictment not be necessary to set forth the manner in which, or the means by which the death was caused, but it shall be sufficient to charge that the defendant did unlawfully kill and slay the deceased.

SEC. 87. In any indictment for falsely making, altering, Forging, &o. forging, printing, photographing, uttering, disposing of or

putting off any instrument, it shall be sufficient to set forth the purport and value thereof.

SEC. 88. In any indictment for engraving or making Engraving, de the whole or any part of any instrument, matter or thing, or for using or having the unlawful custody or possession of any plate or other material upon which the whole or any part of any instrument, matter or thing, shall have been engraved or made, or for having the unlawful custody or possession of any paper upon which the whole or any part of any instrument, matter or thing, shall have been made or printed, it shall be sufficient to describe such instrument, matter or thing, by any name or designation by which the same may be usually known.

SEC. 89. In all other cases, whenever it shall be in other cases.

necessary to make any averment in indictment as to any

any

instrument, whether the same consists wholly or in part of writing, print or figures, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof.

SEC. 90. It shall be sufficient in any indictment where it shall be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person or body corporate, and on the trial of any such indictment, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged, with the intent to defraud.

SEC. 91. When any offense shall be committed upon or in relation to any property, belonging to several partners or owners, the indictment for such offense shall be deemed sufficient, if it allege such property belonged to any [one] or more of such partners or owners, without naming all of them.

SEC. 92. When an offense shall be committed in relation to any election, an indictment for such offense shall be deemed sufficient if it allege that such election was authorized by law, without stating the names of the officers holding the election, or the persons voted for, or the offices to be filed at such election.

SEC. 93. An indictment for larceny may contain also a count for obtaining the same property by false pretenses, or a count for embezzlement thereof, and for receiving or concealing the same property, knowing it to have been stolen; and the jury may convict of either offense, and may find all or any of the persons indicted, guilty of either of the offenses charged in the indictment.

SEC. 94. In every indictment in which it shall be necessary to make any averment as to any money, gold dust, retort of gold or silver current by custom and usage as money, or bank bills or notes, United States treasury notes, postal and fractional currency, or other bills, bonds, or notes issued by lawful authority and intended to pass and

circulate as money, it shall be sufficient to describe such money or bills, notes, currency or bonds, gold dust or retort, current by custom or usage, simply as money, without specifying any particular coin, note, bill or bond; and such allegation shall be sustained by proof of any amount of coin, or of any such note, bill, currency or bond, although the particular species of coin of which such amount was composed, or the particular nature of such note, bill, currency or bond, shall not be proved.

Warrant may be issued in term

SEC. 95. A warrant may be issued in term time, or in vacation of court, on an indictment found in any county, and time, &c. when directed to the sheriff of the county in which such indictment was found, it shall be lawful for such officer to arrest the accused named in such warrant, in any county where he may reside, and commit him to jail or hold him to bail as provided in this code.

SEC. 96. When the party accused shall reside out of the county in which such indictment was found, it shall be lawful to issue a warrant thereon, directed to the sheriff of the county where the accused shall reside or may be found; and it shall be the duty of such officer to arrest the accused and convey him to the county from which such writ was issued, and there commit him to the jail of said county, or hold him to bail, as provided in the preceding section.

TITLE VIII.

Of Pleas to Indictment and Trial.

When party out of county.

accused resides

SEC. 97. It shall be the duty of the clerk of the Duty of clerk. court in which an indictment for felony is filed, within three days after the same shall have been filed, to make a copy thereof, and deliver the same to the sheriff, whose duty it shall be to serve the same on the accused when in jail, and if on bail, said copy may be given to the defendant or his attorney, and no one shall be, without his assent, arraigned or called on to answer to any indictment for felony, until one day shall have elapsed after the copy has been served upon him as aforesaid.

SEC. 98. After a copy of the indictment has been served upon the defendant, the accused shall be ught counsel.

Court to eiga

Rxceptions.

Accused may oxcopt.

Motion to quash.

Plea in abatement.

Accused mas

demur.

Motion to quash in favor of accused.

Where accnsed waived defects.

Plea in abatemont.

into court; and if he be without counsel and unable to employ any, it shall be the duty of the court to assign him counsel, at his request, not exceeding two, who shall have free access to the accused at all reasonable hours.

SEC.. 99. Thereupon the court shall allow the accused a reasonable time to examine the indictment and prepare exceptions thereto.

SEC. 100. The accused may except to an indictment by,
First, A motion to quash.

Second, A plea in abatement.

Third, A demurrer-a plea to the jurisdiction of the

court.

SEC. 101. A motion to quash may be made in all cases when there is a defect apparent upon the face of the record, including defects in the form of the indictment or in the manner in which an offense is charged.

SEC. 102. A plea in abatement may be made when there is a defect in the record, which is shown by facts extrinsic thereto.

SEC. 103. The accused may demur when the facts stated in the indictment do not constitute an offense punishable by the laws of this territory, or when the intent is not alleged, when proof of it is necessary to make out the offense charged.

SEC. 104. When a motion to quash, or a plea in abatement has been adjudged in favor of the accused, he may be committed or held to bail in such sum as the court may require for his appearance at the first day of the next term of said court, unless the grounds upon which the same was quashed are such that a new indictment cannot cure the defect.

SEC. 105. The accused shall be taken to have waived all defects which may be excepted to by a motion to quash, or a plea in abatement, by demurring to an indictment, or pleading in bar or not guilty.

SEC. 106. If the accused shall plead in abatement that he is not indicted by his true name, he must plead what his true name is, which shall be entered on the minutes of