Pardon; release from costs, etc.

don, when he shall be restored to all his civil rights and privileges; but no pardon shall release a convict from the costs of his conviction, unless so stated therein. (S. & C. 417, § 41.) Vide Constitution of State, art. 2, § 5; art. 5, § 4. As to person convicted of a crime being a witness, see Title II, chap. 6, sec. 18. Pardon; release from costs.-A person who has been convicted and sentenced to the penitentiary for manslaughter, and against whom a judgment has been rendered for the costs of prosecution, obtains from the governor a pardon, in which, after reciting the sentence of imprisonment, but making no reference to the judgment for costs, the governor declares that a general pardon is granted to such person, "from the sentence aforesaid;" such pardon does not operate to release the judgment for costs. Nicola, 21 Ohio St. 414.)

(Sibley v.

Pardon after sentence expires; restoration to civil rights.-The governor may, by a pardon, after the expiration of the sentence of imprisonment, restore the culprit to his civil rights, such disabilities not being mere incidents to a sentence, but being parts of the punishment. (Sutton v. McIlhany, 5 Western Law Journal, 356.)

SEC. 5. Convict of other state disfranchised. A person who has been actually imprisoned in the penitentiary of any other state of the United States, under sentence for the commission of any crime punishable by the laws of this state by imprisonment in the penitentiary, is incompetent to be an elector or juror, to to hold any office of honor, trust, or profit within this state, unless he shall have received a general pardon from the governor of the state in which he may have been imprisoned, agreeably to the laws thereof. (S. & C. 418, § 45.)

SEC. 6. The sentence, judgment, and execution against penitentiary convicts. When any person is sentenced to imprisonment in the penitentiary, the court shall declare in the sentence for what period he shall be kept at hard labor, and for what period, if any, he shall be kept in solitary confinement, without labor; and in all cases of conviction of an offense, the court shall render judgment against the defendant for the costs of prosecution. (S. & C. 416, § 38.)

SEC. 7. Courts may sentence to hard labor in county jail. In lieu of imprisonment in the county jail, the court may, upon the recommendation of the prosecuting attorney, sentence

Jail may extend throughout the county, etc.

convict to hard labor in the jail of the county, for any length of time not exceeding six months, and not exceeding the length of time for which he might be imprisoned (S. & C. 424, § 75); and a person committed to jail for non-payment of fines or costs, may be required to labor therein not exceeding six months, and until the value of his labor, at the rate of one dollar and fifty cents a day, equals the amount of fines and costs, or the amount shall be otherwise paid, or secured to be paid, when he shall be discharged (Sayler, chap. 2746); but this section does not affect the chapter of this statute relating to work-houses. (Sayler, 1966, §§ 271–282; 2329, § 271; 73 v. 211, § 1.)

SEC. 8. Jail may extend throughout the county; avails of labor to be paid into treasury. Persons committed to jail by a court or magistrate, for non-payment of fines or costs, or convicts sentenced to hard labor in the jail of the county, which, for this purpose, extends throughout the county, shall perform labor under the direction of the commissioners of the county, who may adopt such orders, rules, and regulations, in relation thereto, as they may deem best, and the sheriff, or other officer having the custody of such persons or convicts, shall be governed thereby; and the sheriff of the county shall collect and pay into the treasury the avails of the labor of such convicts, and take the treasurer's duplicate receipts therefor, and forthwith deposit one of the same with the county auditor. (S. & C. 424, §§ 76, 77; Sayler, 3542, § 2.)

SEC. 9. All fines to be paid into the county treasury within twenty days after collection. An officer who collects any fine shall, unless otherwise required by law, within twenty days after the receipt thereof, pay the same into the treasury of the county in which said fine was assessed, to the credit of the county general fund, and shall take the treasurer's duplicate receipts therefor, and forthwith deposit one of the same with the county auditor. (S. & C. 814.)

SEC. 10. Civil recovery not barred; but record of conviction not evidence. Nothing in Part Fourth contained shall be construed to prevent a party injured in person or property, by any criminal act, from recovering full damages; but no re

Aiders and abettors, etc.

cord of a conviction, unless the same was obtained by confession in open court, shall be used as evidence in an action brought for such purpose.

Civil not dependent on criminal proceedings.-The doctrine of the English law, that, for goods stolen, no action lies against the felon before the institution of criminal proceedings against him, is not in force in this state. (Hawk v. Minnick, 19 Ohio St. 462.)

SEC. 11. Aiders and abettors. Whoever aids, abets, or procures another to commit any offense, may be prosecuted and punished as if he were the principal offender. (S. & C., 75; 405, § 10; 406, § 12; 407, § 16; 412, § 25; 420, § 4; 421, § 66; 422, § 68; 422, §§ 70, 71; 435, § 141; 437, § 1; 449, §§ 192-194; 457, § 235; 457a, § 240; 544, § 9; 750; Sayler, chap. 82; chap. 404, § 1; chap. 490; chap. 518; chap. 1138; chap. 1158, § 2; chap. 1189; chap. 1653, § 2; chap. 1689; chap. 1848, § 1; chap. 1939; chap. 2518; chap. 2822; chap. 2823; chap. 2916, § 3; 73 v. 19; 73 v. 59; 73 v. 116, § 675; 73 v. 158, § 1; 73 v. 207, § 2; 73 v. 219, §§ 1, 2, 4; 73 v. 249, § 1.)

SEC. 12. Limitation of prosecutions for certain offenses. No person shall be indicted, or criminally prosecuted, for any of fense, felonies excepted, the prosecution of which is not specally limited by law, unless such indictment be found, or such prosecution commenced, within three years from the time such offense was committed. (S. & C. 424, § 74.)

SECTION 1. Treason. Whoever levies war against this state, or the United States, or knowingly adheres to the enemies of either, giving them aid and comfort, is guilty of treason against the State of Ohio, and shall be imprisoned in the penitentiary during life. (Sayler, 133, § 1.)

SEC. 2. Misprision of treason. Whoever, having knowledge that any person has committed treason, or is about to commit treason, willfully omits or refuses to give information thereof to the governor or some judge of the state, or to the president of the United States, is guilty of misprision of treason, and shall be imprisoned in the penitentiary not more than twenty nor less than ten years.' (Sayler, 133, § 2.)

1 See Title II., chap. 6, sec. 32.

SECTION 1. Murder, first degree. Whoever purposely, and either of deliberate and premeditated malice, or by means of poison, or in perpetrating, or attempting to perpetrate, any rape, arson, robbery, or burglary, kills another, is guilty of murder in the first degree, and shall suffer death. (S. & C. 401.)

Purposely. In every case of murder in the first degree, there must be a purpose or intent to kill another. By the true grammatical construction, the words of the statute, "or in the perpetration, or attempt to perpetrate, any rape, arson, robbery, or burglary, or by administering poison, or causing the same to be done," are not taken to qualify or limit the adverb "purposely," but only to qualify and limit the words "and of deliberate and premeditated malice." So that a purpose or intent to kill is in all cases required to constitute murder in the first degree. There is no exception to this rule. (Robbins v. State, 8 Ohio St. 131.)

Purpose to kill must be in mind of slayer at time of assault.—An intent or purpose to kill must be present in the mind of the slayer