prisoned. Ex parte Caveness, 3 Okla. Cr. 205, 105 P. 184; Ex parte Millsap, 29 Okla. 472, 118 P. 135; In re McNaught, 1 Okla. Cr. 528, 99 P. 241; In re Coyle, 4 Okla. Cr. 133; Ex parte Johnson, 5 Okla. Cr. 196, 113 P. 993; Ex parte Harry, 6 Okla. Cr. 168, 117 P. 726.

Where appeal is perfected, Appellate court will make all necessary orders concerning bail. Ex parte Burton, 13 Okla. Cr. 280, 164 P. 135. Appellate court will dismiss application for bail where same has not been previously made to trial court. Ex parte Nelson, 13 Okla. Cr. 80, 161 P. 1176.

Commission of crime under duress does not entitle party to bail. Ex parte Rowe, 13 Okla. Cr. 9, 161 P. 331.

91. Bail When Crime Is Punishable by Death-Bail, by sufficient sureties, may be admitted upon all arrests in criminal cases where the punishment may be death, unless the proof is evident or the presumption great; and in such cases it shall be taken only by the Criminal Court of Appeals or a district or superior court, or by a justice or judge thereof, who shall exercise their discretion therein, having regard to the nature and circumstances of the offense, and of the evidence and to the usages of law; but if the case has been tried by jury, and the jury have disagreed on their verdict, then the above presumption is removed, and the defendant shall thereupon be entitled to bail, unless it shall appear to the court or judge thereof, by due proof, that such disagreement was occasioned by the misconduct of the jury. (6104, R. L. 1910.)

Burden is on applicant to show himself entitled to bail.

In re Thomas et al., 1 Okla. Cr. 15, 93 P. 980; Ex parte Smith, 2 Okla. Cr. 24, 99 P. 893; In re Fraley, 3 Okla. Cr. 719, 109 P. 295; Ex parte Dykes et al., 6 Okla. Cr. 162, 117 P. 724; In re Birmingham, 12 Okla. Cr. 243, 154 P. 499; In re Kerrell, 12 Okla. Cr. 386, 157 P. 369; Ex parte Butler, 15 Okla. Cr. 111, 175 P. 132.

Bail must be in statutory form. Wainwright v. State, 11 Okla. Cr. 46, 141 P. 1120.

Disease and affliction entitles party to bail, when, Ex parte Watson, 1 Okla. Cr. 595, 99 P. 161; Ex parte Smith, 2 Okla. Cr. 24, 99 P. 893; In re Fraley, 4 Okla. Cr. 91; Smith v. State, 6 Okla. Cr. 364, 118 P. 676. Circumstances which did not entitle party to bail on account of ill health. In re Jacobs, 4 Okla. Cr. 346, 111 P. 815.

Justice of the Peace without authority to admit to bail in case where punishment might be death. Ex parte Westmoreland, 2 Okla. Cr. 512, 103 P. 370.

Bail should be granted where neither proof is evident nor presump tion great, as shown by the evidence. Ex parte Holland, 2 Okla. Cr. 581, 100 P. 50; Ex parte Sherrill, 9 Okla. Cr. 562, 132 P. 508; In re Birmingham, 12 Okla. Cr. 243, 154 P. 499.

Unless reasonable doubt is generated of defendant's guilt of murder, bail should be denied. In re Thomas et al., 20 Okla. 167, 93 P. 980; In re Bollin, 3 Okla. Cr. 725, 109 P. 288; In re Thomas et al., 1 Okla. Cr. 15, 93 P. 980.

92. Bail After Conviction-After conviction of a crime or public offense, not punishable by death or incarceration for life

in the state prison, a defendant who sues out a writ of error for revision of the judgment or takes an appeal from the judgment rendered against him, shall, on furnishing bond, be admitted to bail as provided by sections 9 and 10. The court, when passing sentence, shall fix a reasonable time within which bail may be given, and the appeal or writ of error taken, and shall, during that time hold the defendant in custody. If bail be not given in the time fixed, the judgment of the court shall be carried into execution. If the bail fixed be excessive, the defendant shall, by habeas corpus proceedings, have the right to have the same fixed by the criminal court of appeals or if the court be not in session, then by some judge of the Criminal Court of Appeals. (6105, R. L. 1910.)

Application for extension of time to make bail should be to trial court. In re Raidler, 4 Okla. 417.

This section not repugnant to the Constitution. Ex parte Migle, 2 Okla. Cr. 708, 104 P. 68; Ex parte Haikey, 3 Okla. Cr. 66, 104 P. 377.

93. Qualifications of Bail-The qualifications of bail are the same as those in civil cases, and the sureties must in all cases justify by affidavits taken before the magistrate, court, or judge, or before the clerk of the district or superior court or his deputy, that they each possess those qualifications. (6106, R. L. 1910.)

94. Defendant Discharged on Giving Bail-Upon the allowance of bail and the execution of the requisite recognizance, bond or undertaking, the State, the magistrate, judge, or court must, if the defendant is in custody, make and sign an order for his discharge upon the delivery of which to the proper officer the defendant must be discharged. (6107, R. L. 1910.) 95. Deposit for Bail-A deposit of the sum of money mentioned in the order admitting to bail is equivalent to bail and upon such deposit the defendant must be discharged from custody. (6108, R. L. 1910)

96. Defendant May Be Arrested by His Bail-Any party charged with a criminal offense and admitted to bail may be arrested by his bail at any time before they are finally discharged, and at any place within the State, or by a written authority indorsed on a certified copy of the recognizance, bond or undertaking, may empower any officer or person of suitable age and discretion to do so, and he may be surrendered and delivered to the proper sheriff or other officer, before any court, judge or magistrate having the proper jurisdiction in the case; and at the request of such bail the court, judge, or magistrate shall re-commit the party so arrested to the custody of the sheriff or other officer, and indorse on the cognizance, bond, or

undertaking, or certified copy thereof, after notice to the county attorney, and if no cause to the contrary appear, the discharge and exoneration of such bail; and the party so committed shall therefrom be held in custody until discharged by due course of law. (6109, R. L. 1910.)

97. Forfeiture of Bail-If, without sufficient excuse, the defendant neglects to appear according to the terms or conditions of the recognizance, bond or undertaking, either for hearing, arraignment, trial, or judgment, or upon any other occasion when his presence in court or before the magistrate may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the recognizance, bond, or undertaking of bail, or the money deposited instead of bail, as the case may be, is and shall be thereupon declared forfeited. But, ir at any time before the final adjournment of court the defendant or his bail appear and satisfactorily excuse his neglect, the court may direct the forfeiture to be discharged upon such terms as may be just. After the forfeiture the county attorney must proceed with all due diligence, by action against the bail upon the instrument so forfeited. If money deposited instead of bail be so forfeited, the clerk of the court or other officer with whom it is deposited, must, immediately after the final adjournment of the court, pay over the money deposited to the county treasurer. (6110, R. L. 1910.)

Magistrate has authority to take bail for appearance of defendant to district court, and such bail, if so conditioned, is continuous in its effect from time to time and term to term of said court. Shriver et al. v. State, 32 Okla. 507, 122 P. 160; Knight et al. v. State, 35 Okla. 375, 130 P. 282.

Liability, forfeiture and procedure on forfeited bail. Shriver et al. v. State, 32 Okla. 507, 122 P. 106; Edwards et al. v. State, 39 Okla. 605. 136 P. 577; Whittaker v. State, 31 Okla. 65, 119 P. 1003; State ex rel. v. Drake, 40 Okla. 538, 139 P. 976: State v. Hines, 37 Okla. 198 131 P. 688; State ex rel. v. Holt, 42 Okla. 472, 141 P. 969; Reed v. State, 76 Okla. 298.

In a proceeding to forfeit property used in the violation of the prohibition laws, it will be presumed that the county court has jurisdiction in the absence of any showing as to the value of the property. Hudson *** Automobile et al. v. State, 77 Okla. 130

One

Property cannot be forfeited as against an innocent holder of a valid lien on same. Id. Boles v. State, 77 Okla. 310; One Cadillac Automobile v. State, 75 Okla. 134. But the denial of trial by Jury is valid. Id.

98. Additional Security May Be Required-When proof is made to any court, judge or other magistrate having authority to commit on criminal charges, that a person previously admitted to bail on any such charge is about to abscond, or that his bail is insufficient, or has removed from the state, the

judge or magistrate shall require such person to give better security, or for default thereof cause him to be committed to prison; and an order for his arrest may be indorsed on the former commitment, or a new warrant therefor may be issued by such judge or magistrate, setting forth the cause thereof. (6111, R. L. 1910.)

Appearance bond is continuous in its effect, and binds defendant and his sureties for his appearance from term to term until finally dis charged. State v. Decker et al., 51 Okla. 739, 152 P. 353.

99. Complaint-Whenever any woman residing in any county in this State is delivered of a bastard child, or is pregnant with a child which, if born alive, will be a bastard, complaint may be made in writing duly verified, by any person to the county court of the county where such woman resides, stating that fact and charging the proper person with being the father thereof. The proceedings shall be entitled in the name of the State against the accused as defendant. (4401, R. L.

1910.)

Proceedings is in nature of civil action, and should be entitled "The State of Oklahoma" against the party. In re Comstock, 10 Okla. 299. Imprisonment imposed as part of original judgment is void. Id.

A verdict of guilty by a jury will warrant the court in imposing such judgment as the circumstances warrant; but an appeal will stay such judgment. Annis v. Bell, 10 Okla. 647.

Code of Civil Procedure applicable to trial, except where procedure is provided in act. Bell v. Terr., 8 Okla. 75.

Proceedings are civil in nature; appeal will not lie to Criminal Court of Appeals. State v. Speed, 7 Okla. Cr. 47, 121 P. 1090.

Wife not competent witness to prove non-access to husband. Bell v. Terr., 8 Okla. 76.

Prayer for sum in excess of jurisdiction of court is immaterial. 36 Okla. 189, 128 P. 115.

100. Arrest of Accused-Upon the filing of such complaint the county judge shall issue his warrant for the arrest of the accused, requiring that he be forthwith brought before such court for trial. (4402, R. L. 1910.)

101. Lien Created Against Accused-From the time of the filing of such complaint a lien shall be created upon the real property of the accused in the county where the action is pending, for the payment of any money and the performance of any order adjudged by the proper court. (4403, R. L. 1910.)

102. Attachment May Issue-The judge may also issue an attachment on such complaint without bond, which attachment shall specify the amount in value of property to be seized under