132. Food and Lodging-While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they must be provided by the sheriff, upon the order of the court, at the expense of the county, with suitable and sufficient food and lodging. (5911 R. L. 1910.)

133. Documents in Jury Room-On retiring for deliberation the jury may take with them the written instructions given by the court, the forms of verdict approved by the court, and all papers which have been received as evidence in the cause, except that they shall take copies of such parts of public records or private documents as ought not, in the opinion of the court, to be taken from the person having them in pos session. (5912 R. L. 1910.)

Weapons and wearing apparel cannot be taken to jury room. Hansing v. Terr., 4 Okla. 443.

Not error for jury to take to room garments worn by deceased where defendant consents to same. Saunders v. State, 4 Okla. Cr. 266.

Within discretion of court to permit articles in evidence to be taken to jury room-overruling Hansing v. Terr. Hopkins v. State, 9 Okla. Cr. 105, 130 P. 1101.

Taking indictment with former verdict indorsed thereon, not error unless defendant is prejudiced thereby. Miller v. State, 9 Okla. Cr. 55, 130 P. 813.

Error for jury to take to room any evidence which was received at preliminary, but not introduced at trial. Thomas v. State, 13 Okla. Cr. 414, 164 P. 995.

134. Jury Brought in For Information-After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony or if they desire to be informed on a point of law arising in the cause, they must require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of, or after notice to the county attorney and the defendant or his counsel, or after they have been called. (5913 R. L. 1910.)

135. Illness of Juror-If, after retirement of the jury, one of them become so sick as to prevent the continuance of his

duty, or any other accident or cause occur to prevent their being kept together for deliberation, the jury may be discharged. (5914 R. L. 1910.)

136. Jury Discharged, When-Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict, and rendered it in open court, unless by the consent of both parties entered upon the minutes, or unless at the expiration of such time as the court deems proper, it satisfactorily appear that there is no reasonable probability that the jury can agree. (5915 R. L. 1910.)

137. Cause May Be Retried-In all cases where a jury are discharged or prevented from giving a verdict, by reason of an accident or other cause, except where the defendant is discharged from the indictment or information, during the progress of the trial, or after the cause is submitted to them, the cause may be again tried at the same or another term, as the court may direct. (5916 R. L. 1910.)

138. Court During Jury's Retirement-While the jury are absent the court may adjourn from time to time as to other business, but it is nevertheless deemed open for any purpose connected with the cause submitted to them until verdict is rendered or the jury discharged. If the jury agree on a verdict during a temporary adjournment or recess of the court, they may, upon the direction of the court, sign the verdict by their foreman, securely seal the same in an envelope, and deliver the same to the foreman, when they may separate until the next convening of the court, at which time they shall re-assemble in the jury room and return their verdict in open court, when the same proceedings shall be had as in case of other verdicts. A final adjournment of the court for the term discharges the jury. (5917 R. L. 1910.)

This section approved. Kennon v. Terr., 5 Okla. 695.

If judge leaves county during deliberations of jury, verdict is a nullity. In re Patswald, 5 Okla. 790.

Jury may return sealed verdict, separate and reassemble to correct verdict. Steudle v. Terr., 19 Okla. 492; Kennon v. Terr, 5 Okla. 685.

139. Construction of Words-Unless when otherwise provided, words used in this code in the present tense include the future as well as the present. Words used in the masculine comprehend as well the feminine and neuter. The singular number includes the plural, and the plural the singular. And the word person includes a corporation as well as a natural person. (5538 R. L. 1910.)

140. Writing Includes Printing-The term writing includes printing. (5539 R. L. 1910.)

141. Oath Includes Affirmation-The term oath includes an affirmation. (5540 R. L. 1910.)

142. What Signature Includes-The term signature includes a mark when the person cannot write, his name being written near it, and the mark being witnessed by a person who writes his own name as a witneess, except to an affidavit or deposition, or a paper executed before a judicial officer, in which case the attestation of the officer is sufficient. (5541 R. L. 1910)

143. Meaning of Words-Words used in any statute are to be understood in their ordinary sense, except when a contrary intention plainly appears, and except also that the words hereinafter explained are to be understood as thus explained. (2914 R. L. 1910.)

144. Statutory Meaning-Whenever the meaning of a word. or phrase is defined in any statute, such definition is applicable to the same word or phrase wherever it occurs, except where a contrary intention plainly appears. (2915 R. L. 1910.)

145. Common Law Prevails, When-The procedure, practice and pleadings in the courts of record of this State, in criminal actions or in matters of criminal nature, not specifically provided for in this code, shall be in accordance with the procedure, practice and pleadings of the common law. (5543 R. L. 1910.)

146. Statute Excludes Common Law-The rule of the common law, that statutes in derogation thereof are to be strictly construed has no application to the laws of this State, which are to be liberally construed with a view to effect their objects and to promote justice. (2948 R. L. 1910.)

147. Force of Common Law-The common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma; but the rule of the common law, that statutes in derogation thereof, shall be strictly construed, shall not be applicable to any general statute of Oklahoma; but all such statutes shall be liberally construed to promote their object. (4642 R. L. 1910.)

Where legislative intent is clear, statutes are not to be extended by constructions to cases not clearly embraced in their terms. State v. Clifford, 3 Okla. Cr. 419, 106 P. 557; City of Shawnee v. Landon, 3 Okla. Cr. 440, 106 P. 652.

Penal statutes are to be liberally construed to reach the evils at which they are aimed. Cheeves v. State, 5 Okla. Cr. 361, 114 P. 1125; Turner v. State, 8 Okla. Cr. 11, 126 P. 452; Bowes v. State, 8 Okla. Cr. 277, 127 P. 883; Cline v. State, 9 Okla. Cr. 40, 130 P. 510; Price v. State, 9 Okla. Cr. 359. 131 P. 1102.

Construction of "borrowed statutes" not binding. Bowes v. State, 8 Okla. Cr. 201, 127 P. 20.

Constitutional provisions should receive a more liberal construction than statutes. State v. Coyle, 7 Okla. Cr. 51, 122 P. 243; Scribner v. State. 9 Okla. Cr. 465, 132 P. 933; State v. Frisbee, 8 Okla. Cr. 406, 127 P. 1091.

Construction in civil cases is authority for like construction in criminal cases. State v. Coyle, 7 Okla. Cr. 51, 122 P. 243.

That construction which will render a statute valid should be adopted rather than one which invalidates a statute. In re Ambler, 11 Okla. Crim. 449.

148. Contempt-The legislature shall pass laws defining contempts and regulating the proceedings and punishment in matters of contempt; Provided, That any person accused of violating or disobeying, when not in the presence or hearing of the court, or judge sitting as such, any order of injunction, or restraint made or entered by any court or judge of the State shall, before penalty or punishment is imposed, be entitled to a trial by jury as to the guilt or innocence of the accused. In no case shall a penalty or punishment be imposed for contempt, until an opportunity to be heard is given. (Sec. 25, Art. 2, Const.)

149. Trial by Jury in Indirect Contempts-In all cases of indirect contempt the party charged with contempt shall be notified in writing of the accusation and have a reasonable time for defense; and the party so charged shall, upon demand, have a trial by jury. (2279 R. L. 1910.)

Only the courts in which contempt has been committed has power to punish. Courts which have no criminal jurisdiction can punish for socalled criminal contempts by virtue of their inherent authority. Smith et al. v. State ex rel., 12 Okla. Cr. 513, 159 P. 941.

A court which has jurisdiction of the parties and subject-matter out of which the contempt grows, may punish the contemnor, regardless of where or in what state the acts of contempt are committed. A party charged with indirect contempt is entitled to jury trial, but the province of the jury is either "guilty" or "innocent”. Farmers State Bank v. State, 13 Okla. Cr. 283, 164 P. 132.

150. Substance of Offense Made of Record-Whenever a person shall be imprisoned for contempt the substance of the offense shall be set forth in the order for his confinement, and made a matter of record in the court. (2280 R. L. 1910.) The power of a court to adjudge in contempt is inherent, but the proceedings must be based upon facts from which contempt is clearly inferable. Cress v. State, 14 Okla. Cr. 521, 173 P. 854. Direct and Indirect Contempts, see Sec. 1635.