PART IV. OF THE PROCEEDING IN CRIMINAL ACTIONS PROSECUTED BY INDICTMENT. TITLE I. OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES. TO THE COMMITMENT INCLUSIVE. IV. OF THE PROCEEDINGS AFTER COMMITMENT, AND BEFORE INDICTMENT, V. OF THE INDICTMENT. VI. OF THE PROCEEDINGS ON THE INDICTMENT BEFORE TRIAL. VII. OF THE TRIAL. VIII. OF THE PROCEEDINGS AFTER TRIAL, AND BEFORE JUDGMENT. IX. OF THE JUDGMENT AND EXECUTION. X. GENERAL PROVISIONS RELATING TO PUNISHMENT OF CRIME. XI. OF APPEALS. XII. OF MISCELLANEOUS PROCEEDINGS. TITLE I. OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES. SECTION 133. When a person leaves this state to elude its laws. 134. When a crime is committed partly in one county and partly in another. 135. When a crime is committed on the boundary of two or more counties, or within 500 yards thereof. 136. Jurisdiction of crime on board of vessel. 137. Of crime committed in the state on board of any railway train, etc. 138. Indictment for libel. 139. Conviction or acquittal in another state, a bar, where the juris diction is concurrent. 140. Conviction or acquittal in another county, a bar, where the jurisdiction is concurrent. § 133. When a person leaves this state to elude the laws.—A perSon who leaves this state, with intent to elude any law thereof against duelling or prize-fighting, or challenges thereto, or to do any act forbidden by such a law, or, who being a resident of this state, does an act out of it, which would be punishable as a violation of such a law, may be indicted and tried in any county of this state. 3 R. S., 963, §§ 5, S. (6th. Ed.) A crime committed in one State not recognized in another.-A crime committed in one State is not cognizable in another. The criminal must be demanded by the executive in the manner prescribed by the Constitution. (People v. Wright, 390; 2 Caines, 212.) Bigamy is not punishable in this State, unless the second marriage took place within its territorial jurisdiction. (People v. Mosher, 2 Park., 195.) An indictment for bigamy cannot be tried in a county in which the second marriage did not take place unless defendant was apprehended therein. (Collins v. People, 1 Hun, 610; Houser v. People, 46 Barb., 33.) § 134. When a crime is committed partly in one county and partly in another. When a crime is committed, partly in one county and partly in another, or the acts or effects thereof, constituting or requisite to the consummation of the offense, occur in two or more counties, the jurisdiction is in either county. Id., §§ 47, 48, 50. (a) Habeas corpus.--A habeas corpus may issue to bring up a prisoner, in order to his removal for trial to the county where the offense was committed. (People v. Mason, 9 Wend., 505.) § 135. When a crime is committed on the boundary of two or more counties, or within five hundred yards thereof. When a crime is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county. (a) Jurisdiction. --This section does not apply to courts of Special Sessions or magistrate thereof. (People v. Bate, 4 N. Y. (r. R., 214.) (b) Courts which proceed by indictment.-This section only applies to those courts which proceed by indictment. Id. (c) For the purposes of criminal jurisdiction, an offense is committed on the boundary line between adjacent counties if perpetrated within five hundred yards thereof. (People v. Davis, 36 N. Y., 77; 45 Barb., 494.) When an offense is committed within five hundred yards of a county line, the court of either county has jurisdietion of it. (People v. Davis, 56 N. Y., 95.) § 136. Jurisdiction of crime on board a vessel.—When a crime is committed in this state on board of a vessel navigating a river, lake or canal, or lying therein in the course of her voyage, or in respect to any portion of the cargo or lading of such boat or vessel, the jurisdiction is in any county through which, or any part of which, such river or canal passes, or in which such lake is situated or on which it borders, or in the county where such voyages terminate, or would terminate if completed. 3 R. S., 1021, § 41. (6th. Ed.) (a) Steamboat.-An offense committed on a steamboat close to the Long Island shore, in Suffolk county, upon a trip from the city of New York to Norwich, Conn., is not indictable in the county of New York. (Manly v. People, 7 N. Y., 295; Haskins v. People, 16 id., 344.) (b) On canal-In order to confer jurisdiction over an offense committed on board a boat upon a canal in respect to the cargo thereof, it must be averred in the indictment and proved that the crime was committed on board the boat or vessel, and on that trip or voyage she had passed through some part of the county where the indictment was found. (Larkin v. People, 61 Barb., 226.) § 137. Of crime committed in the state on board of any railway train, etc. When a crime is committed in this state, in or on board of any railway engine, train or car, making a passage or trip on or over any railway in this state, or in respect to any portion of the lading or freightage of any such railway train or engine car, the jurisdiction is in any county through which, or any part of which, the railway train or car passes, or has passed in the course of the same passage or trip, or in any county where such passage or trip terminates, or would terminate if completed. Laws 1877, ch. 167. Held, that under the statute providing that when any offense shall have been committed in respect to any portion of the freight of any railroad train, etc., an indictment may be found in any county through which such shall have passed; an indictment, trial and conviction may be had in Schenectady county, the train having passed through that place. The legislature had power to pass such an act. (People v. Dowling, 84 N. Y., 478; 12 Week. Dig., 201.) § 138. Indictment for libel. When a crime of libel is committed by publication in any paper in this state, against a person residing in the state, the jurisdiction is in either the county where the paper is published, or in the county where the party libeled resides. But the defendant may have the place of trial changed to the county where the libel is printed, on executing a bond to the complainant in the penal sum of not less than two hundred and fifty dollars, nor more than one thousand dollars, conditioned, in case the defendant is convicted, for the payment of the complainant's reasonable and necessary traveling expenses in going to and from his place of residence and the place of trial, and his necessary expenses in attendance thereon, which bond must be signed by two sufficient sureties, to be approved by a judge of a court of record exercising criminal jurisdiction. Whenever the crime of libel is committed against a person not a resident of this state, the defendant must be indicted and the trial thereof had in the county where the libel is printed and published. But if the paper does not, upon its face, purport to be printed or published in a particular county of this state, the defendant may be indicted and the trial thereof had in any county where the paper is circulated. In no case, however, can the defendant be indicted for the printing or publication of one libel in more than one county of this state. 3 R. S., 1025, §§ 80, 81, 82. $139. Conviction or acquittal in another state, a bar, where the jurisdiction is concurrent. When an act charged as a crime is within the jurisdiction of another state, territory or country, as well as within the jurisdiction of this state, a conviction or acquittal thereof in the former, is a bar to a prosecution or indictment therefor in this state. 3 R. S., 789, § 5; Id., 963, § 7; Penal Code, § 679. (a) Second offense.-The statute declaring a second offense of petit larceny to be punishable in a state's prison, is not applicable to a case in which the first conviction took place in another state. (People v. Cæsar, 1 Park., 645.) If a resident of another state obtain goods by false pretenses, within this state, through an innocent agent, our courts have jurisdiction of the offense and of the person, if the offender be arrested within the limits of this state. (People v. Adams, 3 Den., 190; 1 N. Y., 173.) § 140. Conviction or acquittal in another county, a bar, when the jurisdiction is concurrent. When a crime is within the jurisdiction of two or more counties of this state, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment thereof in another. Where the verdict of guilty is set aside on the motion of the defendant, there is no bar to a new trial upon the count whereon he was convicted. (People v. Dowling, 84 N. Y., 478.) TITLE II. OF THE TIME OF COMMENCING CRIMINAL ACTIONS. SECTION 141. Prosecution for murder may be commenced at any time. 142. Limitation of five years. 143. Defendant out of the state. 144. Indictment deemed found, when presented in court and filed. § 141. Prosecution for murder may be commenced at any time.-— There is no limitation of time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed. 1 R. L., 187, §7; Amended Laws 1873, ch. 630. The crime of accessory before the fact to murder is murder. (People v. Mather, 4 Wend., 229.) Conviction of a party for an assault, etc., is no bar to prosecution for murder. (Burns v. People, 1 Park., 182.) § 142. Limitation of five years. (Amended 1887).-An indictment for a felony, other than murder, must be found within five years after its commission, except where a less time is prescribed by statute. And an indictment for a misdemeanor must be found within two years after its commission. (a) Where an indictment was found against a defendant in September, 1883, for a murder committed in June, 1878, under Revised Statute,-held that defendant could be convicted of manslaughter, although an indictment for manslaughter must be found in five years after the commission of the offense. (People v. Dowling, 1 N. Y. Cr. R., 529. (b) Commencement of Action.-A criminal action is commenced where the indictment is filed and becomes a record of the court. (People v. Beckwith, 2 N. Y., Cr. R., 29. (c) Seduction under Promise of Mariage.-An indictment for seduction under promise of marriage must be found within two years. Penal Code, § 285. (d) No limitation to cases of nuisance.-No lapse of time legalizes a nuisance. (People v. Cunningham, 1 Den., 524.) § 143. Defendant out of state.-If, when the crime is committed, the defendant be out of the state, the indictment may be found. within the term herein limited after his coming within the state; and no time during which defendant is not an inhabitant of, or usually resident within, the state, is part of the limitation. § 144. Indictmect deemed found when presented in court and filed. An indictment is found, within the meaning of the last three sections, when it is duly presented by the grand jury in open court, and there received and filed. Must be found and filed with the clerk of the court in which they were found within the time specified. (People v. Strong, 1 Abb. [N. S.], 247). III. Arrest by an officer under a warrant. IV. Arrest by an officer without a warrant. V. Arrest by a private person. VI. Retaking, after an escape or rescue. VII. Examination of the case, and discharge of the defendant or holding him to answer. CHAPTER I. THE INFORMATION. SECTION 145. Information defined. 146. Magistrate defined. 147. Who are magistrates. § 145. Information defined.-The information is the allegation made to a magistrate that a person has been guilty of some designated crime. (a) Inquisition before Coroner.-A defendant against whom an inquisition has been found by a coroner jury, is entitled to a hearing before a magistrate in all respects as upon a warrant of arrest on an ordinary information, whether he has been arrested before or after the filing of the same. (Matter of Ramscar, 1 N. Y. Cr. R., 33.) (6) Allegation in Information.-The information must allege that the defendant has been guilty of some designated crime. (People ex rel. Baker v. Beatty, 4. N. Y., Cr. R., 288. See note c., § 57. |