offence, who shall be convicted of knowingly harboring or relieving such other person, with intent that he shall escape or avoid detection, arrest, trial, or punishment, shall be imprisoned not exceeding five years, or be fined not exceeding one thousand dollars. TITLE XXXI. OF PROCEEDINGS IN CRIMINAL CASES. CHAPTER 236. Of proceedings in criminal cases. CHAPTER 237. Of fugitives from justice, and protection of officers of adjoining states. CHAPTER 238. Of coroners and their inquests. SECTION CHAPTER 236. OF PROCEEDINGS IN CRIMINAL CASES. 1. Criminals to be tried on indictment, unless on appeal from justice court. 2. Criminal's addition required in indictment, warrant, &c., but amendable. 3. Persons whose names are unknown, how to be proceeded against. 4. Defects of form amendable, and defects of substance, when. 5. Averments in indictment for perjury, what may be. 6. Averment of ownership of proper ty in indictment, &c., for felony or misdemeanor, what sufficient. 7. Criminals, in what county to be proceeded against. 8. Crimes committed on Narragansett Bay out of county of Providence, where. 9. Power of courts to send capias into any county, in case prisoner be in another county, and of proceedings on capias. 10. Recognizance, how taken in such case, and returned. 11. Officers, protected in executing such capias. 12. What offences triable exclusively by supreme court. SECTION 13. What offences bailable exclusively by said court, or a justice thereof, or by court of common pleas, in case indictment found therein. 14. Of release of person held on capias, &c., by justice of supreme court. 15. Persons in jail for crime, by whom bailable. 16. Persons imprisoned for murder, &c., to be bailed or discharged at second term, if not indicted. 17. Persons indicted and imprisoned for such crimes, when entitled to be tried or bailed at next term after pleading to indict ment. 18. Plea to be entered in case of standing mute, &c. 19. Peremptory challenges limited. 20. Power of supreme court and court of common pleas to recognize witnesses. 21. Witness refusing to give recognizance, to be committed. 22. Power of court of record, to commit or recognize witness or affiant, perjured before it. 23. Power of, in such case, to detain books and papers. 24. Power of jury to convict of a 33. Indictment stolen, lost, or destroyed, new one may be found, when. 34. Corruption of blood and forfei ture of estate for crime, prohibited. 35. Convicts, for what crimes civilly dead. 36. Convicts, when to be sent to state prison and kept at hard labor, and when to county jail. 37. When to be committed to the state workhouse and house of correction. 38. When to be imprisoned in Providence county jail, and kept at labor therein, &c. 39. Of allowance for labor to persons committed to or detained in Providence county jail for nonpayment of fine or costs. 40. Power of sheriff, town sergeants, and constables, to remove such persons to Providence county jail, reform school, &c. 41. Of detention of such person in other jail, during reasonable time necessary for his removal. 42. Person under sentence, convicted anew, how may be sentenced. 43. Power of supreme court over persons sentenced, and to order them to be committed on sen. tence. 44. Power of supreme court and court of common pleas, to order convict to be imprisoned in any county. 45. Saving of persons imprisoned in SECTION Providence county jail for certain offences. 46. Power of court to fix punishment, within limits of the law. 47. Persons accused, under eighteen years of age, when may be imprisoned in Providence Reform School for want of recogni zance. 48. Form of mittimus in such case, and power of trustees of school over accused. 49. Convicts under eighteen years of age, how, and for how long a term, may be sentenced to Providence Reform School. 50. Warrant to execute such sentence, substance and effect of. 51. Persons committed to said school, how to be supported. 52. Warrant, in case of one sentenced to state prison, substance, mode of service, and effect of. 53. Prisoners in state prison, disabled to make wills or conveyances. 54. Such prisoners for life, or term of seven years or more, estates of, may be administered, and by whom. 55. Power of court of probate to give notice, &c., in such case. 56. Of administration bond in such case, and disposition of prisoner's estate, what. 57. Duty and liability of administrator in such case. 58. Costs of prosecution, &c., hen to be paid by state, and payment of no part of sentence. 59. When to be part of sentence. 60. Payment of by prisoner, by whom may be remitted. 61. Power of court to apportion costs among persons sentenced to fine or imprisonment in jail. 62. Disqualifications of persons sentenced to imprisonment for crime in state prison for year or more. 63. Punishments to be inflicted upon sentence of court of competent jurisdiction. 64. Saving of right of seizure upon due process of law. 65. Persons indicted, entitled to compulsory process for witnesses, when. Criminals to be SECTION 1. No person, except upon indictment found by a grand tried on indict- jury, shall be put on trial for any offence before the supreme court or court of common pleas, except in case of an appeal from the sentence of a justice court. ment except, &c. Criminals, addition required in indictment, warrant, &c., but amendable. Of proceedings against person if name unknown. Defects of form Averments in indictment for perjury, what may be. for felony or misdemeanor, what sufficient. SEC. 2. In every indictment, and in every warrant or other process to arrest the body of any person in a criminal suit, there shall be added to the name of the person against whom the same shall be issued the place to which he shall, at the time of finding such indictment or issuing such warrant or other process, belong, or the place in which he is, or of late was, commorant; and in case such place shall be omitted in any such indictment, warrant, or other process, the same, upon exception being taken thereto by the person with respect to whom such omission shall be made, shall be quashed or abated: Provided, that nothing herein contained shall prevent the amendment of any process in the manner by law prescribed. SEC. 3. In case the name of the person to be proceeded against be unknown, the indictment, warrant, or other criminal process may be found or issued against him by a fictitious name, or by such description as the prosecutor or complainant may select, and the error or defect may be afterwards amended by the court. SEC. 4. No indictment or other criminal process shall be abated or quashed for any want of form: Provided, it contain such allegations of the offence that the accused shall be able to plead and make defence thereto, without prejudice to his rights, and to avail himself of any judgment that may be rendered thereon in case of a second complaint against him for the same offence; and every defect and want of substance in any such process may be amended and supplied with the consent of the accused. SEC. 5. In every indictment for perjury, or subornation of perjury, or incitement to perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, or before whom the oath or affirmation was taken; averring such court or person to have had competent authority to administer the same, together with the proper averment or averments to falsify the matter wherein the perjury is assigned; without setting forth any part of any record or proceeding, either in law or equity, other than as aforesaid, and without setting forth the commission or authority of the court or person or persons before whom the perjury was committed, or was agreed, or promised, or procured, or incited to be committed. Averment of SEC. 6. In every indictment, information, or complaint for any felownership of ony or misdemeanor, whenever it shall be requisite to state the ownerproperty in indictment, &c., ship of any property whatsoever, whether real or personal, which shall belong to or be in possession of more than one person, whether such persons be partners in trade, joint tenants, or tenants in common, it shall be sufficient to name one of such persons, and state such property to belong to the person so named, and another or others, as the case may be; and whenever in any indictment, information, or complaint and warrant for any felony or misdemeanor, it shall be necessary to mention, for any purpose whatsoever, any partners, joint tenants, or tenants in common, it shall be sufficient to describe them in the manner aforesaid, and this provision shall be construed to extend to all joint stock companies, or trustees. Criminals, in what county to be proceeded against. SEC. 7. Every person who shall be accused of any offence shall be proceeded against in the county in which the offence shall have been committed, and not elsewhere, except in cases in which special provision shall be made to the contrary. SEC. 8. Every indictment for crime or misdemeanor committed on Of crimes comthe waters of Narragansett Bay, not within the county of Providence, mitted on Narmay be found and tried in any county, at the discretion of the attor- ragansett Bay, ney-general. SEC. 9. Any court in any county, before which an indictment shall be found against any person for an offence committed or triable within such county, may, if such person shall escape into, reside, or be in any other county, issue a capias directed to each and all sheriffs, deputy sheriffs, town sergeants, and constables within this state, requiring them to apprehend such person and bring him before such court, if such court at the time of the service of such capias shall still be in session; if not, then to commit him to jail in the county in which such indictment is pending, there to be kept until he shall give recognizance before some person authorized to take recognizances of the same county, with sufficient sureties, in the sum named in such capias, if any sum be named therein, and if not, then in such sum as such person shall deem reasonable, if the offence be bailable, to appear before such court in such county, on the second day of the next term after the giving of such recognizance, to answer to such indictment. &c. Power of court to send capias county, in case prisoner be in and of proceedings on capi ts. into any another county, returned. SEC. 10. Such recognizance shall be returned by the person tak- Recognizance, ing the same unto the clerk of such court, or the prisoner may give how taken and such recognizance while in the custody of the officer before he is committed to jail, and thereupon the officer shall discharge him from his custody. SEC. 11. The officers to whom such capias shall be directed are hereby required to obey and execute the same, and in the execution thereof shall be protected from obstruction and assault, as in the service of other process. SEC. 12. No person accused of any offence for which he may be sentenced to imprisonment for life shall be tried except by the su preme court. SEC. 13. No person accused of treason against this state, murder, robbery, rape, arson, or burglary, shall be bailed except by the supreme court or one of the justices thereof, or by the court of common pleas, when indictment for such offence is found in said court. SEC. 14. Every person who is held on capias or other process issuing out of the supreme court or court of common pleas, to answer to the indictment there pending against him, shall be released upon giving recognizance, with sufficient sureties, before a justice of the supreme court, in the sum named in such capias or other process, if any have been named therein, and if not, then in such sum as the justice shall deem reasonable, to appear before the court wherein the indictment against him is pending, and to answer the same whenever called upon so to do, and abide the final order of the court thereon, and in the mean time keep the peace and be of good behavior. SEC. 15. No person imprisoned in any state jail upon any criminal process shall be bailed except by a justice of the supreme court, or by some justice of the peace specially appointed for that purpose, by said court or by either justice thereof. SEC. 16. Every person who shall be imprisoned upon suspicion of having committed either of the crimes in the thirteenth section of this chapter shall be bailed or discharged, if not indicted at the second term of the court to which he is bound to appear after such commitment. SEC. 17. Every person who shall be indicted for either of said Officers pro tected in execution of such capias. What offences sively by su triable exclu preme court. What bailable exclusively by court or justice of, or court of common pleas, of release of when, &c. persons held on capias, &c., by justice of su preme court. Persons in jail for crime, by whom bailable. Persons impris- oned for mur to be tried or bailed. When entitled crimes, and shall be imprisoned under the indictment, shall be tried or bailed at the term of such court next after that at which he shall plead to such indictment, if he demand a trial, unless it shall appear to the court that some material witness in behalf of the state has either been enticed away, or is prevented from attending court by some unavoidable accident. Plea to be en tered in case of standing mute, &c. Peremptory challenges limited. Power of courts to recognize witnesses. Witness refusing to give recognizance to be committed. Power of court to commit, &c., perjured before witness, &c., it. Power of, in such case, to detain books and papers. Power of jury to convict of a lower offence of same nature with that charged, when. Defaulted recognizances, how to be proceeded with. Power of surety to surrender SEC. 18. If any person on being arraigned for any offence shall stand mute, or not answer directly, or shall peremptorily challenge a greater number of the persons summoned as jurors than he is by law entitled to challenge, the plea of not guilty shall be entered on the record, the supernumerary challenges disregarded, and the trial proceed as if the prisoner had pleaded not guilty, and as if he had not made such challenges. SEC. 19. No peremptory challenges to jurors shall be allowed to any person indicted and tried for either of the crimes mentioned in the thirteenth section of this chapter, or for any crime or offence other than such as are allowed by law in all cases civil or criminal. SEC. 20. The supreme court or court of common pleas may, in their discretion, require any witness before them in any criminal matter to recognize with or without surety, for his appearance to testify at any future time in the same cause. SEC. 21. Every witness who shall refuse to comply with the order of either of such courts requiring him to give recognizance, whether with or without surety, shall be committed to the jail in the same county, there to remain until he give such recognizance or be discharged pursuant to law. SEC. 22. Whenever it shall appear to any court of record that any witness or party who has been legally sworn, or affirmed, and examined, or has made an affidavit in any proceeding before such court, has testified in such a manner as to induce a reasonable presumption that he has been guilty of perjury therein, the court may immediately commit such witness, or party, by an order or process for that purpose; or may take a recognizance with surety, for his appearance to answer an indictment for perjury. SEC. 23. If in any proceeding in which perjury may be reasonably presumed as aforesaid, any papers, books, or documents shall have been produced which shall be deemed necessary to be used on any prosecution for perjury, such court may, by order, detain the same from the person producing the same, so long as may be necessary, in order to their being used in such prosecution, SEC. 24. Whenever an indictment shall be found against any person for any offence, and the petit jury shall not be satisfied that he is guilty of the whole offence, but shall be satisfied that he is guilty of so much thereof as shall substantially amount to an offence of a lower nature, the jury may find him guilty of such lower offence; and the court shall proceed to sentence such convict for the offence of which he shall be so found guilty, notwithstanding that such court had not otherwise jurisdiction of such offence. SEC. 25. Whenever any person under recognizance shall fail to perform the condition of his recognizance, his default shall be recorded, and process shall be issued against the persons bound in such recognizance, or such of them as the attorney-general shall direct. SEC. 26. Every person who shall be surety in any recognizance in recognizance to keep the peace, or for the appearance of any person accused, or of any witness, or in any recognizance which shall be given on claiming an appeal, shall have the same power and authority over his principal as though he were bail for him in any civil cause. principal. |