tation of his sentence by the governor, or of the reversal of the judgment of conviction, no execution shall be had, but in all such cases, as well as when the sentence is executed, the warden shall return the warrant and certificate, with a statement of any such act and with his proceedings indorsed thereon, to the clerk of the court in which sentence was passed, who shall record said warrant and return in the record of the cause. See note to section 1949, Burns' R. S. 1901.

1961. Warden's pay for execution.-319. The warden conducting the execution shall be allowed therefor the sum of fifty dollars, to be paid him out of the treasury of the county in which judgment of execution was rendered; and the auditor of such county shall draw his warrant for said sum, payable to the warden upon the certificate of the clerk of such county, showing the return by the warden of the death warrant, with execution of sentence indorsed thereon.

1962. Execution of woman.-320. The provisions of the foregoing sections in relation to the infliction of the death penalty, shall extend equally, so far as applicable, to the case of any woman convicted and sentenced to death.

1963. Pregnancy of female prisoner.-321. If a woman sentenced to death appear to be pregnant, and the phycician of the prison shall certify in writing to the warden that in his opinion such woman is pregnant, the warden shall forthwith give notice to the judge of the circuit court of the county in which such prison is located, and shall also deliver a copy of such certificate of such physician to such judge. Such judge shall thereupon appoint a time at which an inquiry into such pregnancy shall be had at said prison; and the sheriff of such county shall thereupon summon a jury of six impartial men to meet at said prison on the appointed day for such inquiry, and shall also give immediate notice to the prosecuting attorney of such county of the time and place of such inquiry.

1964. Inquiry attendants-Finding.-322. The judge, prosecuting attorney and clerk of such circuit court shall attend such inquiry, and the clerk shall keep a record of the proceedings. Witnesses may be produced and examined before the jury. The findings shall be in writing, signed by the foreman of the jury and filed in the office of the clerk of the county in which said women's prison is located.

1965. Execution suspended-Governor's warrant.-323. If it appear by such finding that such woman is with child, the warden shall suspend the execution of the sentence, and shall transmit a copy of such finding and the record of the proceedings had before such jury, duly certified by such clerk under the seal of the court, to the governor. When the governor becomes satisfied that such woman is no longer pregnant, he shall issue a warrant appointing a day for her execution.

[Acts 1905, p. 584. In force April 15, 1905.]

1966. To supreme court.-324. An appeal to the supreme court or to the appellate court, may be taken by the defendant as a matter of right, from any judgment in a criminal action against him, in the manner and in the cases prescribed herein; and, upon the appeal, any decision of the court or intermediate order made in the progress of the case may be reviewed.

See sections 1337g-13371, and 1954-1969, Burns' R. S. 1901, and notes.

The act of 1901, regulating appeals and defining the jurisdiction of the supreme and appellate courts, modified prior statutes as to the right of appeals in misdemeanor cases. Nichols v. State, 27 App. 444.

1967. By state-Causes.-325. Appeals to the supreme court, or to the appellate court may be taken by the state in the following cases and no other:

First. Upon a judgment for the defendant, on quashing or setting aside an indictment or affidavit.

Second. Upon an order of the court arresting judgment.

Third. Upon a question reserved by the state.

Bill of exceptions, section 1927. See notes to section 1955, Burns' R. S. 1901. When the state is authorized to appeal on reserved questions of law, the presecuting attorney may take all necessary steps to perfect the appeal, and may assign errors in the supreme court. State v. Sopher, 157 Ind. 360.

The state may appeal from the action of the court in dismissing a proceeding for indirect contempt of court. State v. Rockwood, 159 Ind. 94.

When a defendant is tried on an agreed statement of facts, and is acquitted, the state can not appeal and obtain a review of the decision of the court as to the sufficiency of the facts. State v. Phillips, 25 App. 579.

The state, on appeal on reserved questions of law, may obtain a review of instructions given to the jury. State v. Harrison, 162 Ind. 542; State v. Moore, 27 App. 83.

[Acts 1905, p. 429. In force April 15, 1905.]

1968. Appeal by state.-1. That hereafter, in all criminal cases of misdemeanor, touching the sufficiency of an affidavit, information or indictment, or touching any question of law occurring upon the trial, the state shall have the right to appeal to the supreme or appellate

courts: Provided, Such appeal shall be taken within sixty days after the rendition of judgment.

[Acts 1905, p. 584. In force April 15, 1905.]

1969. Transcript on state's appeal.-326. In case of an appeal from a question reserved on the part of the state, it shall not be necessary for the clerk of the court to certify in the transcript any part of the proceedings and record except the pleadings, the bill of exceptions and the judgment of acquittal. When the question reserved is defectively stated, the supreme court, or the appellate court, may direct any part of the proceedings and record to be certified to such court.

See notes to section 1956, Burns' R. S. 1901.

1970. Effect of state's appeal.-327. An appeal taken by the state shall in no case stay or affect the operation of the judgment in favor of the defendant until the judgment is reversed.

1971. Appeals, time for.-328. All appeals must be taken within one year after the judgment is rendered, or in case a motion for a new trial is filed, within one year after the ruling on such motion. The transcript must be filed within ninety days after the appeal is taken.

See notes to section 1958, Burns' R. S. 1901.

An appeal is to be deemed taken from the time of the service of notice of the appeal, and the transcript must be filed in the appellate court within ninety days after the appeal is taken. Nichols v. State, 27 App. 444.

1972. Any defendant may appeal.-329. When several defendants are tried jointly, any one or more of them may take an appeal; but those who do not join in the appeal shall not be affected thereby.

See note to section 1959, Burns' R. S. 1901.

1973. How taken.-330. An appeal by the state may be taken by the service of a written notice upon the clerk of the court where the judgment was rendered, stating that the appellant appeals from the judgment; and a similar notice must be served upon the defendant or his attorney. If neither the defendant nor his attorney can be found, then the notice to them may be given by posting up such notice three weeks in the clerk's office in a conspicuous place. If the appeal be taken by the defendant, a similar notice must be served upon the prosecuting attorney. The parties may waive such written notice, or enter in writing their appearance to such appeal. But any such appeal by either party shall not be deemed perfected until the filing of the record thereof in the office of the clerk of the court to which the appeal is taken.

See notes to section 1960, Burns' P. S. 1901.

Prosecuting attorneys have authority to give notice of appeals taken by the state, and may take all necessary steps to perfect an appeal. State v. Sopher, 157 Ind. 360. An appeal is to be deemed taken from the time of the service of notice of the appeal. Nichols v. State, 27 App. 444.

1974. By defendant-Effect.-331. An appeal to the supreme court or to the appellate court from a judgment of conviction will not stay the execution of the sentence, except where the punishment is to be death, or the judgment is for a fine, or for a fine and costs only; in which cases the execution of the sentence may be stayed by an order of such court or a judge thereof. Where the punishment is to be imprisonment, with a fine and costs also, the execution of the sentence as to the fine, or the fine and costs only, may in like manner be stayed. In the case of an appeal from a judgment in a capital case, the order of suspension shall specify the day unto which the execution of the sentence is stayed. See notes to section 1961, Burns' R. S. 1901.

Appeals by defendants without bonds from municipal courts, see section 3653.

1975. Trial of appeal.-332. An appeal shall stand for trial immediately after filing the transcript and the notice of appeal, if the court to which the appeal is taken be in session; if not in session, then as soon thereafter as the court shall be in session. Appeals from judgments in capital cases shall have precedence over all others.

1976. Informality-Correction-Dismissal.—333. An appeal shall not be dismissed for any informality or defect in taking the appeal, if the same be corrected in a reasonable time. After an appeal has been dismissed, another appeal may be taken within a year from the date of the judgment.

See notes to section 1963, Burns' R. S. 1901.

1977. Technical errors disregarded.-334. In consideration of the questions which are presented upon an appeal, the court shall not regard technical errors or defects, or exceptions to any decision or action of the trial court, which did not, in the opinion of the court to which the appeal is taken, prejudice the substantial rights of the defendant.

See notes to section 1964, Burns' R. S. 1901.

Compelling a defendant who is a witness on his own behalf to answer questions on cross-examination which might expose him to a criminal prosecution can not be regarded as a technical error. Baehner v. State, 25 App. 597.

1978. Power of court on appeal.-335. On appeal, the court may reverse, modify or affirm the judgment appealed from, and may, if necessary or proper, order a new trial. In any case, the cause must be at once remanded to the trial court, with proper instructions, and the opinion of the court shall also be immediately certified to the trial court. See notes to section 1965, Burns' R. S. 1901.

1979. Rehearing.-336. A rehearing in criminal cases may be allowed as in civil actions.

1980. Opinions written and recorded.-337. All opinions of the supreme court or the appellate court in criminal prosecutions must be given in writing and recorded in the order-book.

1981. Judgment of court.-338. When a judgment against the defendant is reversed, and it appears that no offense whatever has been committed, the court rendering such decision on appeal must direct that the defendant be discharged; but if it appear that the defendant is guilty of an offense, although defectively charged in the indictment or affidavit, the court must direct the warden of the state prison, or the chief officer in charge of the penal or reformatory institution in which the defendant is confined, to cause the prisoner to be delivered over to the jailer of the proper county, there to abide the order of the court in which he was convicted.

See note to section 1968, Burns' R. S. 1901.

1982. Affirmance.-339. On a judgment or affirmance, against the defendant, the original judgment must be carried into execution as the court to which the appeal is taken may direct.

ARTICLE 22.-GENERAL PROVISIONS.

SEC.

1983. Corporations punishable. 1984. Definitions.

1985. Imprisonment, where.

SEC.

1986. Person defined.
1987. Laws and usages.

[Acts 1905, p. 584. In force April 15, 1905.]

1983. Corporations punishable.-340. Corporations may be prosecuted, by indictment or affidavit, for erecting, continuing or maintaining a public nuisance, or for obstructing a public highway or navigable stream.

See sections 1970-1974, Burns' R. S. 1901, and notes.

1984. Definitions.-341. All definitions of terms in the act prescribing the rules for pleading and practice in civil actions are adopted in this act, so far as the same are applicable.

1985. Imprisonment-Where.-342. Whenever it is provided in this act that a criminal shall be punished by imprisonment in the state prison, or shall be committed to the custody of the warden of such prison, and such criminal is a woman, then such provision for imprisonment shall be understood and construed to mean that such criminal, being a woman, shall be confined in the women's prison; and in case such criminal is a male between the ages of sixteen and thirty, and is guilty of a crime other than treason or murder, then such provision for imprisonment shall be understood to mean that he shall be confined in the Indiana reformatory, or elsewhere as the law provides; and in any such case the duties prescribed for the warden and other officers of such prison shall be performed by the superintendent and other corresponding officers of the women's prison, or Indiana reformatory, as the case may be; and in all other cases, so far as applicable, the term "state