Venue to be changed, etc.

the prosecuting attorney shall, under the direction of the court, designate a day for trial, which shall be a day of the term at which the plea is made, unless the court, for good reasons, continue the case to a subsequent term. (Sayler, 2152, § 120.)

ENTRY-PLEA OF NOT GUILTY.

[Title.] Indictment for

Now comes the prosecuting attorney on behalf of the State of Ohio, and the defendant being brought into court in custody of the sheriff and arraigned upon said indictment, for plea thereto says he is "not guilty," and puts himself upon the country, and the prosecuting attorney doth the like.

If counsel is then assigned, add: And it appearing that said defendant is in indigent circumstances and unable to employ counsel, the court, at his request, assigns J. W. as counsel to defend him.

CHANGE OF VENUE.

SEC. 24. Venue to be changed when an impartial trial can not be had. All criminal cases shall be tried in the county where the offense was committed, unless it appear to the court, by affidavit, that a fair and impartial trial can not be had therein; in which case the court shall direct that the person accused be tried in some adjoining county. (Sayler, 2152, § 121.)

Joint indictment; either defendant may have change of venue. Where parties are jointly indicted, the court has power, upon good cause shown, to order a change of venue as to either of the defendants, upon his motion alone. (Brown v. State, 18 Ohio St. 496.)

Power to change venue; confined to court of county where offense was committed. In this state, the court of common pleas has no authority, by the common law, to order a change of venue in criminal cases; such power is conferred upon the court by statute. The statute relating to a change of venue in criminal cases confers upon the court of common pleas, in the county where the offense was committed, power to order a change of venue to an adjoining county, but the exercise of such power is confined to the jurisdiction of the county where the offense was committed. Gehan, 27 Ohio St. 280.)

(State v. Mc

venue.

Proceedings on change of venue, etc.

SEC. 25. Proceedings on change of venue; costs on change of When the venue is changed, the clerk of the county in which the indictment was found shall make a certified transcript of all the proceedings in the case, which, together with the original indictment, he shall transmit to the clerk of the court of the county to which the case is sent; and the trial shall be conducted in all respects as if the indictment had been found in that county. The prosecuting attorney of the county in which the indictment was found shall take charge of and try the case; and the court, on application, may appoint one or more attorneys to assist the prosecuting attorney in the trial, and allow such compensation as it deems reasonable. The cost accruing from a change of venue, including the compensation of the attorneys appointed to assist the prosecuting attorney, and the reasonable expenses of the prosecuting attorney incurred in consequence of such change of venue, shall be allowed and paid by the commissioners of the county in which such indictment was found. (Sayler, Chap. 2033.)

SEC. 26. Warrant for transfer of prisoner. When a court has ordered a change of venue, a warrant shall be issued by the clerk, directed to the sheriff, commanding him to convey the prisoner to the jail of the county where he is to be tried, there to be safely kept by the jailer thereof until discharged by due course of law; and when the defendant is charged with a crime or offense bailable by law, and is, at the date of the order changing the venue, under bonds for his appearance at the county from which the venue is changed, the court in the order may fix the amount of recognizance such defendant shall give for his appearance at the first day of the next term of the court to which the venue is changed, and the clerk shall take the same as in other cases, and forward the recognizance with the record. (Sayler, 2153, § 123.)

SEC. 27. Witnesses to be recognized. When a change of venue is ordered, the court shall recognize the witnesses on the part of the state to appear before the court in which the prisoner is to be tried. (Sayler, 2153, § 124.)

Witnesses to be recognized.

ENTRY-ORDER FOR CHANGE OF VENUE.

[Title.] Indictment for .

On motion of the and it being made to appear to the court by affidavits, that a fair and impartial trial of this case can not be had in this county, it is ordered and directed that the venue herein be, and the same is hereby, changed to the adjoining county of. And on application of the prosecuting attorney therefor, R. W., Esq., is hereby appointed to assist in the further prosecution of the And it is ordered that the witnesses for the State enter into recognizance to appear before the common pleas court of the said county of

case.

ENTRY-RECOGNIZANCES OF WITNESSES TAKEN.

[Title.] Indictment for.

This day came the witnesses herein, and entered into recognizance before the court in the amounts, and with the sureties, severally set opposite their names, conditioned for their appearance on the day of ——, 18—, before the common pleas court of the county of to which the venue of this case has been changed, viz:

the trial of a person charged 30. Proof necessary in cases of seduc-

10. What shall be a lawful jury in 31. Proof of carnal knowledge.

11. Challenge in cases where no other 33. Order of proceedings on trial.

21. Subpena for witnesses to issue to 42. Prisoner indicted-when to be

22. When return shall be verified by 43. Persons indicted and held to bail oath. -when to be discharged.

23. How attendance of witnesses shall 44. Proceedings on application to dis

Venire for jurors in capital cases, etc.

JURIES.

When a person

SECTION 1. Venire for juries in capital cases. indicted for a capital offense has pleaded not guilty, the clerk, on the precipe of the prosecuting attorney, shall draw from the jury-box, as in other cases, thirty-six ballots, and issue to the sheriff a venire for the persons whose names are so drawn, for the day fixed for the trial, which shall be served and returned by the sheriff at least fifteen days before that day; and if a person named therein be dead, insane, absent, removed from the county, or not an elector of the county, or has been convicted of a felony and not pardoned, the sheriff shall note the fact in his return. (Sayler, Chap. 2909.)

SEC. 2. Venire for additional jurors. If it appear to the clerk, by the return of the sheriff, that any person named in the venire is dead, insane, absent, removed from the county, or not an elector of the county, or has been convicted of a felony and not pardoned, the clerk shall draw from the box a number of ballots equal to double the number of persons dead, absent, or disqualified, and issue to the sheriff a venire for them, for the day fixed for the trial, which the sheriff shall serve, and return as soon as may be, and in the manner provided in the last section; and if it appear to the clerk, from such return, that the names of thirty-six qualified jurors are not in the venires, he shall draw ballots and issue venires, to be served and returned in like manner, till the required number is summoned. (Sayler, Chap. 2909.)

Return "not found."—A return by the sheriff, as to some of the jurymen named in a venire facias, that they "can not be found in the county," is equivalent to a return that they are "absent from the county," and authorizes the clerk to issue an alias venire facias. (Davis v. State, 25 Ohio St. 369.)

SEC. 3. Court may order additional names to be drawn. The first thirty-six jurors who answer to their names at the trial, and who are without the disqualifications named in the last section, shall constitute the panel; but if, upon the impaneling of the jury, it appear to the court that there are not thirty