Application within ten days.

Affidavits.

Motion in arrest. when granted.

Defect of form.

Effect of motion

in arrest

First, Irregularity in the proceedings of the court, jury, or the prosecuting attorney or the witnesses for the territory, or any order of the court or abuse of discretion, by which the defendant was prevented from having a fair trial.

Second, Misconduct of the jury, or the prosecuting attorney, or of the witnesses for the territory.

Third, Accident or surprise which ordinary prudence could not have guarded against.

Fourth, That the verdict is not sustained by sufficient evidence, or is contrary to law.

Fifth. Newly discovered evidence material for the defendant, which he could not with reasonable diligence have discovered and produced at the trial.

Sixth, Error of law occurring at the trial.

SEC. 182. The application for a new trial shall be by motion upon written grounds, filed at the term the verdict is rendered, and shall, except for the cause of newly discovered evidence material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial, be within ten days after the verdict was rendered, unless unavoidably prevented.

SEC. 183. The causes enumerated in subdivision two, in the next preceding section, must be sustained by affidavits, showing their truth, and may be controverted by affidavits.

TITLE XV.

Motions in Arrest.

SEC. 184. A motion in arrest of judgment may be granted by the court for either of the following causes:

First, That the grand jury which found the indictment had no legal authority to inquire into the offense charged, by reason of its not being within the jurisdiction of the court.

Second, That the facts stated in the indictment do not constitute an offense.

SEC. 185. No judgment can be arrested for a defect of form.

SEC. 186. The effect of allowing a motion in arrest of judgment, shall be to place the defendant in the same position

with respect to the prosecution, as before the indictment was found. If from the evidence on the trial there shall be sufficient reason to believe him to be guilty of an offense, the court shall order him to enter into a recognizance with sufficient security conditioned for his appearance at the first day of the next term of the same court, otherwise the defendant shall be discharged.

SEC. 187. Motions in arrest of judgment must be made When made. within three days after the verdict is rendered.

TITLE XVI.

Error.

SEC. 188. In criminal cases not punishable with death, after final judgment, writs of error or other writs provided by law, may, on good cause shown, be allowed on the application of the defendant, by the supreme court, or any judge thereof in vacation, as in civil cases, and in criminal cases punishable with death; writs of error or other writs provided by law, may be allowed on like application, by said court when in session, in open court, or by any two judges thereof in

vacation.

Writs of error.

by whom allowed

SEC. 189. In all cases of conviction when the punish- In capital cases. ment shall be capital, the judges or court allowing such writ of error, or other process provided by law, shall order a suspension of the execution until such writ of error or other process provided by law, shall be heard and determined; upon hearing such writ of error, they shall order the prisoner to be discharged, a new trial to be had, or appoint a certain day for the execution of the sentence as the nature of the case may require.

Returnable before supreme

SEC. 190. In all cases of conviction for a felony, the court, judge or judges allowing the writ of error, may order court. the same to be made returnable before the supreme court, and shall order a suspension of the execution of said

sentence.

misdemeanors.

SEC. 191. In cases of conviction for misdemeanor, the In cases of court or judge allowing the writ of error, or other process provided by law, shall make it returnable as in cases of

Defendant ir ponitentiary.

Discharge.

New trial.

View of the

place.

conviction of felony, and may order a suspension of the execution of the sentence upon the defendant on his entering into a recognizance before the clerk of the court in which the cause was tried, with sufficient security, to be approved by the clerk in such sum as shall be specified in the order of the court or the judge allowing such writ of error, or other writ, which recognizance shall be conditioned for the defendants prosecuting said writ of error or other writ to effect, and surrendering himself to the custody of the sheriff of the county in which such conviction was had, in case the judgment of the court shall not be reversed, or a new trial ordered.

SEC. 192. When any defendant has been committed to the penitentiary of this territory, and the judgment by virtue of which the commitment is made shall be reversed on a writ of error allowed under the provisions of this act, by which reversal the defendant shall be entitled to his discharge or to a new trial, the clerk of the court reversing said judgment shall, under the seal of the court, forthwith certify the same to the warden of the penitentiary.

SEC. 193. Said warden, on receipt of such certificate, in case a discharge of such defendant be ordered, shall immediately discharge such defendant from the penitentiary.

SEC. 194. In case a new trial be ordered, the warden of the penitentiary shall forthwith cause said defendant to be taken and conducted to the county jail and committed to the custody of the sheriff thereof, in which said defendant was convicted.

TITLE XVII.

Miscellaneous Provisions.

SEC. 195. Whenever, in the opinion of the court, it is proper for the jury to have a view of the place in which any material fact occurred, it may order them to be conducted in a body, under charge of the sheriff, to the place which shall be shown to them by some disinterested person appointed by the court; while the jury are thus absent, no other person other than the sheriff having them

in charge, and the person appointed to show them the place shall speak to them on any subject connected with the trial.

SEC. 196. Whenever a counterfeit coin or instrument Counterfeits. for the purpose of making or gilding counterfeit coin, shall be taken from the convicts or persons indicted for counterfeiting or having the same in possession with criminal intent, and shall remain in the keeping of any county officers, it shall be lawful for the commissioners of the proper county to melt the said counterfeit coin into a mass, or cast the same into other form than that of coin, and sell the same, together with the instruments aforesaid, and pay the avails into the treasury of such county for the benefit of the common schools therein; Provided, The said instruments be Proviso. so mutilated and broken as to prevent their being applied to the purpose of counterfeiting.

&c., published.

SEC. 197. Whenever any property stolen, embezzled, Property stolen, or obtained under false pretenses, shall, after the trial of the person charged with the larceny, embezzlement or false obtaining thereof, remain in the possession of any officer, unclaimed by the owner, for the space of three months, the same shall, after public notice in a newspaper printed in the county, or by posting notices, under an order of the court or judge thereof, in case there shall be no paper published in said county, be sold at auction to the highest bidder, under the direction of the prosecuting attorney, and the avails thereof paid over to the treasurer of the county for the use of the common schools therein.

Remaining un

SEC. 198. In case any property stolen, embezzled or claimed one year obtained under false pretenses, shall remain in the custody of any officer for one year unclaimed, as aforesaid, and the thief shall not within that time be taken, or if taken, shall escape, it shall be disposed of in like manner and for like purposes as indicated in the preceding section.

Crime against

any other state

SEC. 199. When an affidavit shall be filed before any judge of a district court, police court, or any justice of the or territory. peace within this territory, setting forth that any person charged with the commission of any criminal offense against the laws of any other state or any of the territories of the

Committed.

Notice and roquisition.

Βορτίοτο.

United States, and which, if the act had been committed in this territory, would, by the laws thereof, have been a crime, is, at the time of filing such affidavit within the county where the same may be filed, it shall be lawful, and it is her by made the duty of such judge or justice of the peace to issue his warrant directed to the sheriff or any constable of the county, commanding him forthwith to arrest and bring before the officer issuing such writ, the person so charged.

SEC. 200. When the person arrested, as provided in the preceding section, shall be brought before the officer issuing such warrant, it shall be lawful, and it is hereby made the duty of such officer to hear and examine such charge, and upon proof by him adjudged to be sufficient, to commit such person to the jail of the county in which such examination shall take place, or cause such person to be delivered to some suitable person to be removed to the proper place of prosecution.

SEC. 201. Whenever any person is committed to jail by any judge or justice of the peace, by either of the provisions of the preceding section, it shall be the duty of such judge or justice of the peace, forthwith to give notice, by letter or otherwise, to the sheriff of the county in which such offense shall have been committed, or to the person injured by such offense, and no person so committed shall be delayed longer in jail than necessary to allow a reasonable time to the person so notified, after they shall have received such notice, to apply for and obtain the proper requisition for the persons so committed.

SEC. 202. Whenever the governor may deem it expedient and proper to reprieve any person under sentence of death, under any condition whatsoever, the condition upon which such reprieve is granted shall be specified in the warrant, and the person accepting such conditional reprieve shall subscribe such acceptance upon the warrant containing the conditions of reprieve in the presence of two witnesses, who shall attest the same, and such witnesses shall go before the clerk of the court where such sentence is recorded, and