When an inhabitant of this State is concerned in a duel out of the

same, and a party wounded

dies therein

When an inhabitant leaves the State to

evade the

statute against

dueling or

challenges to fight.

When an offense is

partly in

one county

779. (§ 86.) When an inhabitant or resident of this State, by previous appointment or engagement, fights a duel or is concerned as second therein, out of the jurisdiction of this State, and in the duel a wound is inflicted upon a person, whereof he dies in this State, the jurisdiction of the offense is in the county where the death happens.

780. When an inhabitant of this State leaves the same for the purpose of evading the operation of the provisions of the Code relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county of which the offender was an inhabitant when the offense was committed.

NOTE.-N. Y. C. Cr. Pr., Sec. 130.

781. (§ 87.) When a public offense is committed committed in part in one county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in either county.

and partly in another.

When committed

on the

boundary,

NOTE. This section has the indorsement of the Mass. and N. Y. Code Commission.-Mass., Chap. 3, Sec. 4; N. Y., Sec. 131, Cr. Pro.

782. (§ 88.) When a public offense is committed

on the boundary of two or more counties, or within etc., of two five hundred yards thereof, the jurisdiction is in either

or more

counties.

Jurisdic

tion of an offense on board a vessel.

county.

783. (§ 89.) When an offense is committed in this State, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein in the prosecu tion of her voyage, the jurisdiction is in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage terminates.

NOTE.-Conforms to the construction given to a similar section, without the words, "or lying therein in the prosecution of her voyage," by the Supreme Court N. Y., in People vs. Hulse, 3 Hill., p. 309.

Of indictment for kidnapping, enticing away a child, or

784. (§ 90.) The jurisdiction of an indictment: 1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping him with intent, against his will, to cause him to be abduction. secretly confined or imprisoned in this State, or to be sent out of the State, or from one county to another, or to be sold as a slave, or in any way held to service;

or,

2. For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child; or,

3. For inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of twenty-five years, for the purpose of prosti

tution; or,

4. For taking away any female under the age of sixteen years, from her father, mother, guardian, or other person having the legal charge of her person, without their consent, either for the purpose of concubinage or prostitution;

-Is in the county in which the offense is committed, or out of which the person upon whom the offense was committed may, in the commission of the offense, have been brought, or in which an act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense, or in abetting the parties concerned therein.

NOTE. The first subdivision of this section substantially conforms to Sec. 90 of the Criminal Practice Act of 1851. See, also, Sec. 207, ante.

Subds. 2 and 3 are inserted because the same principle applies. See Part I of this Code, Secs. 266, 267, and 278; also, New York Code of Criminal Procedure,

Jurisdic

tion of an

for bigamy

or incest.

Sec. 134. The same principle applies to decoying away children and abduction. It was recommended in Mass.,

Chap. III, Sec. 11.

785. (§ 91.) When the offense, either of bigamy

indictment or incest, is committed in one county and the defendant is apprehended in another, the jurisdiction is in either county.

When property is

taken in

one county

and brought into

786. (§ 92.) When property taken in one county feloniously by burglary, robbery, larceny, or embezzlement, has been brought into another, the jurisdiction of the offense is in either county. But if at any time before the conviction of the defendant in the latter, he is indicted in the former county, the Sheriff of the latter county must, upon demand, deliver him to the Sheriff of the former.

another.

Jurisdic

tion of

indictment

for escap

ing from

prison.

Jurisdic

tion of an

indictment

NOTE. The case of The People vs. Mason, 9 Wend., p. 505, suggests the latter sentence.

787. The jurisdiction of an indictment for escaping from prison is in any county of the State.

NOTE.-Stats. 1855, p. 203, Sec. 1.

788. The jurisdiction of an indictment for treason,

for treason, when the overt act is committed out of the State, is in

when the

overt act is

committed

out of the State.

Jurisdiction of an

for stealing,

any county of the State.

NOTE.-Stats. 1850, p. 229, Sec. 17.

789. The jurisdiction of an indictment for stealing indictment in any other State the property of another, or receiv etc., ing it, knowing it to have been stolen, and bringing out of this the same into this State, is in any county into or

property

State and

bringing it

therein.

Jurisdiction of an

through which such stolen property has been brought.

790. The jurisdiction of an indictment for murder indictment or manslaughter, when the injury which caused the

for murder,

etc., where death was inflicted in one county and the party injured

the injury

was

inflicted in

one county, and the party dies ont of that county.

dies in another county, or out of the State, is in the county where the injury was inflicted.

NOTE.-Stats. 1850, p. 229, Sec. 28.

791. (§ 93.) In the case of an accessory in the commission of a public offense, the jurisdiction is in the county where the offense of the accessory was committed, notwithstanding the principal offense was committed in another county.

NOTE. The distinction between an accessory before the fact and the principal being abolished by this Code, and the word "accessory" substituted for "accessory after the fact," this section has been modified to adapt it to the changes made.-See note to Secs. 31, 32, ante.

tion in

Jurisdic cases of who are commission

principals

792. The jurisdiction of an indictment against a principal in the commission of a public offense, when such principal is not present at the commission of the principal offense, is in the same county it would be under this Code if he were so present and aiding and principal abetting therein.

NOTE.-Expedient because the distinction between accessories before the fact and principals is abolished by this Code.

793. (§ 94.) When an act charged as a public offense is within the jurisdiction of another State or country, as well as of this State, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefor in this State.

794. (§ 95.) When an offense is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another.

not present, etc., at

of the

offense.

Conviction in another where the

or acquittal

State a bar,

jurisdiction is concurrent.

Conviction in another

or acquittal

county

a bar.

where the jurisdiction is concurrent.

795: New Sec. 1874 quis diction of

CHAPTER II.

412 to 414f

OF THE TIME OF COMMENCING CRIMINAL ACTIONS.

SECTION 799. Prosecution for murder may be commenced at any time.

800. Limitation of three years in all other felonies.

801. Limitation of one year in misdemeanors.
802. Exception when defendant is out of the State.
803. Indictment found, when presented and filed.

Prosecu

tion for murder may be com

menced at any time.

Limitation

of three

years in all other felonies.

Limitation of one year in misdemeanors.

Exception when defendant is out of the State.

Indictment found, when presented

and filed.

799. (§ 96.) There is no limitation of time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed.

NOTE.-People vs. Haun, July Term, 1872.

1

800. (§ 97.) An indictment for any other felony than murder must be found within three years after its commission.

NOTE.-People vs. Miller, 12 Cal., p. 294; People vs. Haun, July Term, 1872.

801. ($ 98.) An indictment for any misdemeanor must be found within one year after its commission.

802. ($ 99.) If, when the offense is committed, the defendant is out of the State, the indictment may be found within the term herein limited after his coming within the State, and no time during which the defendant is not an inhabitant of, or usually resi dent within the State, is part of the limitation.

NOTE. The statute excludes from computation the time the defendant may be out of the State, but the rule is that this exception must be stated in the pleading. Prima facie lapse of time is a good defense, and if the statutory exception is relied upon the State should set it up.-People vs. Miller, 12 Cal., p. 295; State vs. Bockwith, 1 Stewart, p. 318; Shelton vs. State, 1 Stewart & Por., p. 208; 1 Chitty Cr. Law, p. 253; People vs. Montejo, 18 Cal., p. 38.

803. ($ 100.) An indictment is found, within the meaning of this Chapter, when it is presented by the Grand Jury in open Court, and there received and filed.

CHAPTER III.

THE INFORMATION.

SECTION 806. Information defined.

807. Magistrate defined.

808. Who are magistrates.