408. Failing to Act As Juror-Whoever being so summoned as a juror fails or refuses without good cause, to attend at the time and place required, or appearing refuses to act as such juror, shall, upon the complaint of the coroner before any justice of the peace of the county, be fined not less than three nor more than twenty dollars. (1673, R. L. 1910.)

409. Subpoenas; Witnesses-The coroner may issue subpoenas within his county for witnesses, returnable forthwith, or at such time and place as he shall therein direct. When a surgeon or physician is required to attend such inquest and make a post mortem examination to give expert testimony, the coroner may issue his subpoena on him the same as any other witness, and such surgeon or physician shall receive as compensation for his services five dollars per day and five cents per mile for each mile actually traveled going to and from such inquest, and other witnesses shall be allowed the same fees as in cases before a justice of the peace, and the coroner shall have the same authority to enforce the attendance of witnesses and punish them for contempt in disobeying his process as a justice of the peace as when his process issues in behalf of the State. (1674, R. L. 1910.)

410. Oath to Witnesses-An oath shall be administered to the witness in substance as follows:

"You do solemnly swear that the testimony which you shall give at this inquest concerning the death of the person here lying dead, shall be the truth, the whole truth and nothing but the truth, so help you God." (1675, R. L. 1910.)

411. Testimony and Recognizance of Witnesses-The testimony shall be reduced to writing under the coroner's order and subscribed by the witnesses, and the coroner shall have power to bind such witnesses by recognizance in a reasonable sum for their appearance at the hearing before some justice of the peace at any examining trial to be holden within the same county, there to give evidence, and may commit to the jail of said county any witness who refuses to enter into such recognizance. (1676, R. L. 1910.)

412. Verdict of Jury-The jurors, having inspected the body, heard testimony and made all needful inquiries, shall return to the coroner their inquisition in writing under their hands, in substances as follows, and stating the matter in the following form, suggested as far as found:

State of Oklahoma.. --county, an inquisition holden at _in_. --county on the_____ -day of

coroner of said

__A. D. 19----, before me. county, on the body of‒‒‒‒‒‒‒ ----, or a person unknown, there lying dead; by the jurors whose names are hereunto subscribed. The said jurors, upon their oaths, do say (here state when, how, by what person, means, weapon or accident he or she came to his or her death, and whether feloniously). In testimony whereof, the said jurors have hereunto set their hands, the day and year aforesaid. Said return shall be attested by the coroner. (1677, R. L. 1910.)

413. Inquest Shall Not Be Made Public-If the inquisition find a crime has been committed on the deceased, and name the person who the jury believe has committed it, the inquest shall not be made public until after the arrest directed in the next section. (1678, R. L. 1910.)

414. May Order Arrest of Person Charged With Crime-If the person charged with the crime be present the coroner may crder his arrest by an officer, or any other person, and shall then make a warrant requiring the officer, or other person, to take the accused before a justice of the peace within said county. (1679, R. L. 1910.)

415. May Issue Warrant-If the person charged be not present, the coroner may issue a warrant to the sheriff, or any constable of the county, requiring him to arrest the accused and take him before a justice of the peace within said county. (1680, R. L. 1910.)

416. Authority of Warrant-The warrant of the coroner shall be of equal authority with that of a justice of the peace, and when the person charged is brought before the justice he shall be dealt with as a person held under a complaint in the usual form. (1681, R. L. 1910.)

417. Warrant Shall Recite What-The warrant of the coroner shall recite substantially the transactions before him and the verdict of the jury of inquest leading to the arrest, and such warrant shall be a sufficient foundation for the proceedings of the justice instead of a complaint. (1682, R. L. 1910.)

418. Return of Inquest-The coroner shall then return to the clerk of the district court, in the county where the inquisition was holden, a list of the witnesses who testified to material matters, and the verdict of the jurors. (1683, R. L. 1910.)

419. Fees Allowed-The coroner shall receive the same fees for summoning jurors and subpoenaing witnesses as is allowed

to sheriffs, and for issuing warrants the same fees as are allowed to a justice of the peace. (1684, R. L. 1910.)

420. Disposition of Dead Body-The coroner shall cause the body of a deceased person which he is called to view to be delivered to the friends of the deceased, if any there be, but if not, he shall cause the body to be decently buried, and the expense to be paid from any property belonging to the deceased, or if there be none, from the county treasury, by certifying an account of the expense which, being presented to the board of county commissioners, shall be allowed by them, if deemed reasonable, and paid as other claims against the county. (1685, R. L. 1910.)

421. Report of Description of Dead Person-The coroner shall make a report in writing giving therein a particular and minute description of the deceased person, together with his name (if the same can be ascertained) and the amount of money and other valuables found with the dead body. A copy of said report, in writing, with the verdict and list of witnesses, shall be by him filed in the office of the clerk of the district court of the county in which said body is found. (1686, R. L. 1910.)

422. When Personalty of Deceased Found-Duty of Coroner-When any valuable personal property, money or papers. are found upon or belonging to the body upon which an inquest is held, if the personal property is in said county, the coroner shall take charge of the same and deliver the same to those entitled to its care or possession, but if not claimed or if the same shall be necessary to defray the expenses of the burial, the coroner shall, after ten days' notice, publicly posted in at least three different places, of the time and place of sale, sell such property to the highest bidder, and after deducting coroner's fee and funeral expenses, deposit the balance of the proceeds with the county treasurer, taking his receipt therefor, there to remain subject to the order of the legal representative of the deceased, if claimed within two years thereafter. cr if not claimed within that time, to vest in the general school fund of the county. (1687, R. L. 1910.)

423. May Employ Clerk-The coroner, during the holding of an inquest, is hereby authorized to employ a clerk to reduce the testimony of the witnesses to writing, said clerk to receive as his compensation not to exceed two dollars per day. R. L. 1910.)

(1688,

424. Chemical Analysis, When-Whenever an inquest shall be held, and the coroner shall have good reason to believe that the deceased came to his death by poison administered by the hand of some other person than the deceased, he may, at the request of the county attorney, or jury, cause chemical analysis and microscopical examination of the body of the deceased, or any parts of it, to be made, and the testimony of medical and chemical experts may be introduced for the purpose of showing how and in what manner the deceased came to his death, and the coroner shall certify to the county commissioners of his county, the fact of such analysis, or examination, the testimony of such medical or chemical expert, and that the same was in his opinion necessary to an examination into the cause of the death of the deceased, and the commissioners shall allow such fees, or compensation, for such analysis, examination, or medical or chemical testimony of experts as shall be deemed by said commissioners to be just and reasonable. (1690, R. L. 1910.)

(NOTE: Only the working part of this article is incorporated herein.)

425. Insane Person Cannot Be Tried or Punished-An act done by a person in a state of insanity cannot be punished as a public offense, nor can a person be tried, adjudged to punishment, or punished for a public offense, while he is insane. (6049, R. L. 1910.)

This section supplemental to sec. 907. Adair v. State, 6 Okla. Cr. 285, 118 P. 416.

Law presumes all persons to be sane-when evidence is sufficient to raise reasonable doubt of sanity the state may rebut such proof. (Id.) Maas v. Terr., 10 Okla. 714.

The true test of responsibility is: whether defendant had sufficient reason to know right from wrong. Smith v. State, 12 Okla. Cr. 307, 155 P. 699; Owen v. State, 13 Okla. Cr. 195, 163 P. 548.

After indictment, if it appear from any credible source that defendant is incompetent to make rational defense the question of insanity should be submitted to a jury. Marshall v. Terr., 2 Okla. Cr. 136, 101 P. 139. Where question of insanity is properly raised, instructions should be given on the question. Snodgrass v. State, 15 Okla. Cr. 117, 175 P. 129.

426. Jury to Try Sanity-When an indictment or information is called for trial, or upon conviction the defendant is brought up for judgment, if a doubt arise as to the sanity of the defendant, the court must order a jury to be impaneled from the jurors summoned and returned for the term, or who may be summoned by direction of the court, to inquire into the fact. (6050, R. L. 1910.)

427. Trial to Be Suspended-The trial of the cause or the pronouncing the judgment, as the case may be, must be suspended until the question of insanity is determined by, the verdict of the jury. (6051, R. L. 1910.)

428. Order of Trial of Sanity-The trial of the question of insanity must proceed in the following order: