days prior to said assignment, the clerk of the court shall notify the attorneys of record of the day on which such case will be heard. All motions to advance causes must contain a brief statement of the matter involved, with the reasons for the application. (11)

37. Argument-Time-The plaintiff in error shall be entitled to open and conclude the argument of the case. One hour on each side will be allowed for the argument and no more without special leave of the court. The time thus allowed may be apportioned between the counsel on the same side, at their discretion, provided, always, that a fair opening of the case shall be made by the party having the opening and closing argument. (12)

38. Motions-All motions to the court shall be reduced to writing, and shall contain a brief statement of the facts and objects of the motion. A half-hour on each side shall be allowed to the argument of a motion, and no more, without special leave of the court. (13)

39. Motion to Dismiss-The party moving to dismiss shall serve notice of the motion with a copy of his brief of argument on the counsel for plaintiff in error of record in this court, at least two weeks before the time fixed for submitting the motion. There may be united, with a motion to dismiss an appeal a motion to affirm on the ground that, although the record may show that this court has jurisdiction, it is manifest the appeal was taken for delay only, or that the question on which the jurisdiction depends is so frivolous as not to need further argument. (14)

40. Opinions to Be Recorded-All opinions delivered by the court shall, immediately upon the delivery thereof, be handed to the clerk to be recorded. And it shall be the duty of the clerk to cause the same to be forthwith recorded and to deliver a copy to the reporter as soon as the same shall be recorded.

Any judge may file a dissenting opinion in any cause in which he is qualified to sit, and in the determination of which he participated; but before any such dissenting opinion is filed it shall be submitted in conference to the judges who concurred in the original opinion. No syllabus to the dissenting opinion shall be published. (15)

41. Application for Rehearing-Application for a rehearing in any cause, unless otherwise ordered by the court, shall be made by a petition to the court signed by counsel and filed with the clerk within 15 days from the date on which the opinion in the cause is filed. Such petition shall briefly state the grounds

upon which counsel relies for a rehearing, and show either that some question decisive of the case and duly submitted by the counsel has been overlooked by the court, or that the decision is in conflict with an express statute or controlling decision, to which the attention of the court was not called, either in brief or oral argument, or which has been overlooked by the court, and the question, statute, or decision so overlooked must be distinctly and particularly set forth in the petition. If such application is granted, the cause shall be assigned for rehearing, and the clerk shall notify both parties, or their counsel, of the time when such will be had and such time may be given for argument or brief as the court shall allow. (16)

42. Mandate to Issue-After the expiration of 15 days from the filing of an opinion, the clerk shall issue a mandate to the court in which the judgment was rendered, in accordance with the decision of this court, and no petition for rehearing shall stay such mandate unless the person applying for rehearing shall present such petition to and obtain from one of the judges who concurred in the opinion a stay of such mandate until such petition for rehearing shall be heard. The judge to whom such petition is presented shall examine the same, and if, in his opinion, a rehearing will probably be granted, he may make an order staying such mandate.

In any case in which a petition for rehearing is denied or in which an opinion is rendered on rehearing, no further motions or applcations for rehearing or review will be allowed, and the clerk shall not file any such motions or applications, except by leave of court first obtained. (17)

43. Courtesy of Court to Attorneys-Any practicing attorney of any state or territory, or the District of Columbia, having professional business in this court, may, on motion, be recognized for the purpose of presenting such cause in which he appears as counsel. (18)

44. Conduct of Attorneys-Improper, insulting, or contemptuous language or conduct of attorneys to or concerning each other in court, or to and concerning the court, or any member thereof, either in or out of court, will be considered and treated as a contempt of the court. (19)

45. Communications-All communications and inquiries in relation to causes pending or other court matters shall be addressed to the clerk of the Criminal Court of Appeals. (20)

46. Magistrate to Issue Warrant-When a complaint, verified by oath or affirmation, is laid before a magistrate, of the commission of a public offense, he must, if satisfied therefrom that the offense complained of has been committed, and that there is a reasonable ground to believe that the defendant has committed it, issue a warrant of arrest. (5629 R. L. 1910.)

No warrant of arrest can issue except upon probable cause supported by affidavit, and then the matter is within discretion of magistrate. More than one person may file affidavit to different acts of accused, which, when put together, constitute a violation of law. Graff v. State, 2 Okla. Cr. 520, 103 P. 538.

Court clerk cannot issue warrant in misdemeanor case. Brown v. State, 5 Okla. Cr. 605, 115 P. 376.

A verified complaint charging a felony is sufficient to authorize warrant, and for a preliminary examination. Sayers v. State, 10 Okla. Cr. 233, 135 P. 1073.

For other provisions of arrest, see "Public Justice."

For arrest without authority, see sec. 1547.

For rciusal to make arrest, see sec. 1553.

47. Form of Warrants-A warrant of arrest is an order in writing, in the name of the State, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

The State of Oklahoma,

To any sheriff, constable, marshal, or policeman in this State (or in the county of------- as the case may be):

Complaint upon oath having been this day made before me that the crime of (designating it) has been committed, and accusing C. D. thereof, you are therefore commanded forthwith to arrest the above-named C. D. and bring him before me at (naming the place), or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county. Dated at _this____day of‒‒‒‒‒‒‒‒, 19__

E. F., Justice of the Peace (or as the case may be.) (5630 R. L. 1910.)

48. Requisites of Warrant-The warrant must specify the name of the defendant, or if it be unknown to the magistrate, the defendant may be designated therein by any name. It must also state an offense in respect to which the magistrate has authority to issue the warrant, and the time of issuing it, and the county, city, or town where it is issued, and be signed by the magistrate with his name of office. (5631, R. L. 1910.)

49. Warrant Directed to Whom-The warrant must be directed to and executed by a peace officer. (5632, R. L. 1910.)

50. Warrants, by Whom Served. All warrants, except those issued for violation of city ordinances, may be served in any county in the State; and may be served by any peace officer to whom they may be directed or delivered. (5633, R. L. 1910.)

51. When Warrant Charges a Felony-If the offense charged in the warrant be a felony, the officer making the arrest must take the defendant before the magistrate who issued the warrant or some other magistrate in the county. (5634, R. L. 1910.)

52. When Warrant Charges a Misdemeanor-If the offense charged in a warrant be a misdemeanor and the defendant be arrested in another county, the officer must, upon being required by the defendant, take him before a magistrate in that county, who must admit the defendant to bail and take bail from him accordingly. (5635, R. L. 1910.)

53. Proceedings When Bail Is Taken-On taking bail the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer must then discharge the defendant from arrest, and must, without delay, deliver the warrant and undertaking to the clerk of the court at which the defendant is required to appear. (5636, R. L. 1910.)

54. When Bail Is Not Given-If, on the admission of the defendant to bail, bail be not forthwith given, the officer must take the defendant before the magistrate who issued the warrant, or some other magistrate in the same county, as provided in the next section. (5637, R. L. 1910.)

55. When Magistrate Is Absent-When, by the preceding sections of this chapter, the defendant is required to be taken before the magistrate who issued the warrant, he may, if the magistrate be absent or unable to act, be taken before the nearest or most accessible magistrate in the same county. The officer must, at the same time, deliver to the magistrate the warrant, with the return indorsed and subscribed by him. (5638, R. L. 1910.)

56. Must Be No Delay-The defendant must, in all cases, be taken before the magistrate without unnecessary delay. (5639, R. L.1910.)

Delaying to take prisoner before magistrate, see sec. 1603.

57. Same-If the defendant be taken before a magistrate other than the one who issued the warrant, the complaint on which the warrant was granted must be sent to that magistrate, or if it cannot be procured, a new complaint must be filed. (5640, R. L. 1910)

58. When Offense Is Triable in Another County-When a complaint is laid before a magistrate of the commission of a public offense triable in another county of the State, but showing that the defendant is in the county where the complaint is made, the same proceedings must be had as prescribed in this chapter, except that the warrant must require the defendant to be taken before the nearest and most accessible magistrate of the county in which the offense is triable, and the complaint of the informant, with the depositions, if any, of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered. (5641, R. L. 1910.)

59. Same-Duty of Officers-The Officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable with his return indorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself. (5642, R. L. 1910.)

60. Duty When Offense Is a Misdemeanor-If the offense charged in the warrant issued, pursuant to the second preceding section, is a misdemeanor, the officer must, upon being required by the defendant, take him before a magistrate of the