SEC. 990. In all cases of an assault and battery, and misdemeanors, Assault and battery and when the parties compromise and the prosecution is withdrawn, no misdemeanors compromised, charge shall be brought against the parish. The parties compromising party comproinising to pay shall pay all costs in such cases. It shall be lawful for the attorney- costs. general, district attorney or district attorney pro tempore, to enter a nolle prosequi. Voorhies' Cr. Jur., pp. 88, 459. questions cases. of SEC. 991. In charging the jury in criminal cases the judge must Judge's charge limit himself to giving them a knowledge of the law applicable to the restricted to case. In doing so he shall abstain from stating or recapitulating the law in criminal evidence, so as to influence their decision on the facts. He shall not state or repeat to the jury the testimony of any witness, nor shall he give any opinion as to what facts have been proved or disproved. D. sec. 1963, 1966. ARRAIGNMENT, CHALLENGE, TRIAL, ETC. ment and list of To be allowed SEC. 992. Every person who shall be indicted for any capital crime, or any crime punishable with imprisonment at hard labor for seven Copy of indictyears or upwards, shall have a copy of the indictment and the list of jurors to be given to the the jury which are to pass on his trial delivered to him at least two prisoner. entire days before the trial. Every person shall be allowed to make his full defence by counsel learned in the law; and the court before whom he shall be tried, or some judge thereof, shall immediately, upon counsel. his request, assign to him such counsel as he shall desire. The counsel of any person accused of crime shall have free access to him at all reasonable hours. Every person accused shall be permitted to establish his defence by any lawful evidence, and shall have the same pro- pel the attendcess as the State to compel the attendance of witnesses. 31 A. 188. The accused te be allowed legal process to com ance of witness es. Courts to send to the lunatic tain cases. asylum in cer SEC. 993. Whenever any person arrested to answer for any crime or misdemeanor, before any court of this State, shall be acquitted insane persons thereof by the jury, or shall not be indicted by the grand jury by reason of the insanity or mental derangement of such person, and the discharge and going at large of such person shall be deemed by the court to be dangerous to the safety of the citizens or to the peace of the State, the court is authorized and empowered to commit such person to the State insane hospital, or any similar institution in any parish within the jurisdiction of the court, there to be detained until he be restored to his right mind, or otherwise delivered by due course of law. D. sec. 1778. SEC. 994. Whenever the grand jury, upon any inquiry which they Grand juries to inform the conrt when may make as to the commission of any crime or misdemeanor, by any person, shall omit to find a bill for the causes aforesaid, it shall be on account of the duty of such jury to certify the same to the court. insanity. bills not found Juries acquit D. sec. 1779. SEC. 995. Whenever the jury, upon the general issue of not guilty, ting on account shall acquit any person for the cause aforesaid, it shall be their duty, of insanity. 8o to state in their in giving their verdict of not guilty, to state that it was for such verdict. Standing mute cause. D. sec. 1780. SEC. 996. If any person, on his arraignment for any offence, shall stand mute, or will not answer to the indictment, the plea of not guilty to be considered shall be entered for him on the record, and the court shall proceed to as pleading not guilty. try, and record judgment against him, as if he pleaded not guilty, and put him upon the country for trial. Challenges, SEC. 997. In all criminal trials in this State for any crime the punishment of which may be death or imprisonment at hard labor for a term of twelve months or more, the defendant in such case shall be entitled to challenge peremptorily, and without showing any cause, any number of jurors not exceeding twelve, and any number for cause; and this whether such imprisonment shall be peremptory or within the discretion of the court. In all such cases the State shall be allowed six peremptory challenges for each defendant on trial. In all criminal cases where the punishment is less than that above named the defendant shall have six peremptory challenges and the State three peremptory challenges for each defendant on trial; provided, this act shall not apply to trials to be tried by a special jury at other terms than regular jury terms of the court, in which cases of trials for crimes and offences not necessarily punishable at hard labor or death, the accused shall be allowed six peremptory challenges and the State three for each defendant on trial. (As reënacted by Act 1880, p. 35, No. 36.) 33 A. 120, Act 1880, p. 35, No. 35, sec. 4. SEC. 998. In all criminal proseeutions wherein the defendant is alChallenges allowed peremptory challenges, the State shall also be allowed to challenge without cause any number not exceeding six. lowed the State. Act 1880, p. 35, No. 35, sec. 4. SEC. 999. When two or more persons shall be charged jointly with Persons jointly the commission of any crime in the same iudictment, and the cause is tried separately continued as to one or more of the parties, the others so indicted shall in certain cases. be admitted to trial, unless the State can show good cause for a con indicted to be tinuance. No one so indicted shall be deprived of a trial in consequence of a continuance of the case as to any of the other parties thus indicted. VERDICT, SENTENCE AND APPEAL. Jury may qual in capital cases. SEC. 1000. In all cases where the punishment denounced by law is death it shall be lawful for the jury to qualify their verdict by adding ify their verdict thereto," without capital punishment." And whenever the jury shall return a verdict qualified as aforesaid, the person convicted shall be sentenced to hard labor for life in the State penitentiary. Judgment, labor: appeal SEC. 1001. If final judgment has been rendered upon any indictment where the punishment of death or imprisonment at hard labor may death or imprisbe inflicted, or where a fine exceeding three hundred dollars is actn-onment at hard ally imposed, an appeal may be taken on behalf of the accused from allowed without such judgment, returnabfe to the supreme court as in civil cases, but no appeal bond shall be required. bond. court; no secu SEC. 1002. On the grantiug of an appeal in criminal cases the clerk of the court shall proceed to make out a transcript of the record, as Clerk to make transcript and in civil cases, and shall cause the same to be filed in the office of the file in supreme clerk of the supreme court on or before the return day of said appeal; rity. but the clerk of the supreme court shall require no security for costs. SEC. 1003. It shall be the duty of the clerk of the court which has granted an appeal in any criminal case to give notice thereof forthwith to the sheriff having the custody of the defendant in the indictment, sheriff of the by delivering a copy of the order of appeal to said sheriff, who shall thereupon keep the said defendant in his custody in jail, without executing the sentence which may have been passed, unless he waives his appeal, to abide such judgment as may be rendered by the supreme court on appeal. Clerk to notify appeal. issue his war SEC. 1001. No person sentenced to death shall be executed until a certified copy of the whole record of the proceedings in such case be Governor to sent to the governor of the State; and a warrant shall be issued by rant execution him, under the seal of the State, with a copy of the record thereunto ishable with annexed, directed to the sheriff of the court wherein the sentence or judgment was to be done on the person so condemned, in all things according to the judgment against him; and it shall be the duty of the sheriff to whom Such warrant shall be directed to execute the same in due form of passed, commanding the sheriff to cause the execution law. D. 1613. in crimes pun death. SEC. 1005. It shall be the duty of the clerk of the court in which Such sentence of death shall have been rendered to make out a true copy of all proceedings in such case, and to transmit them without de- Clerk to send lay to the governor of this State; and should the record be received by proceedings to the governor during the recess of the senate, he may, whenever he shall transcript of the governor. quents in the deem the same proper, delay awarding any warrant of execution until the end of the next session of the general assembly. D. 1614. SEC. 1006. The judges of the several courts of the city of New OrJuvenile delin- leans exercising criminal jurisdiction are hereby authorized and emcity of New Or. powered to sentence all persons under the age of fifteen years, convicleans may be sent to the ted of any crime not capital, to the house of refuge, instead of the penitentiary or parish prison. house of refuge. SEC. 1007. In all cases where persons convicted of crimes shall be Persons con- sentenced to death or imprisonment at hard labor, it shall be the duty victed to be kept in con- of the sheriff of the court where the sentence has been pronounced finement, pending appeal, immediately to take the person convicted into custody, and to keep etc. him confined in the parish jail, notwithstanding any appeal or reprieve until the final action of the supreme court on the appeal, or of the senate on the reprieve. Duty of clerk SEC. 1008. Upon the final decision of any criminal cause in the supreme court it shall be the duty of the clerk to transmit a certified of the supreme copy of the decree to the court from which the appeal was taken, decision of any which shall be filed and ordered to be executed in the manner provi court on the criminal case. ded by law for civil cases. SEC. 1009. Persons in confinement, under a judgment of conviction Appeals in criminal cases, rendered in a criminal prosecution, from which an appeal has been how returnable. taken, shall have the right to make it returnable before the supreme court at its next term, whenever held, and to have it tried by preference. All criminal cases shall be tried by preference over civil cases D. sec. 34, 1905; Act 1866, p. 150. Preliminary examination. COMMITTING MAGISTRATES. SEC. 1010. Whenever any person shall be accused of any breach of the peace, crime or misdemeanor, by the oath of one or more credible witnesses, it shall be the duty of the justice of the peace or committing magistrate or judge before whom the accusation is brought, to receive the complaint, and to cause the accused to be arrested; and if the offence for which the accused is so arrested be one that may subject the party to capital punishment or to imprisonment in the penitentiary, the accused shall, wher arrested, be brought before either the district judge of the district, or the parish judge of the parish in which the offence may be charged to have been committed, and be proceeded on and examined according to law. When the person so accused shall have been brought before the justice or magistrate if the offence be not punishable as stated in the magistrate. above paragraph, or the district or parish judge if punishable as Testimony be. fore committing stated in the above paragraph, it shall be his duty to examine on oath such witnesses as may appear against him, and to reduce their depositions to writing. It shall also be his duty to receive the voluntary declaration of the person accused, and the answers which, without promise or threat, he shall make to the questions which the examining judge or magistrate shall put to him, and to cause them to be reduced to writing, and signed by the prisoner in his presence and that off two witnesses; or, if he cannot sign, to mention that circumstance, and to certify the declaration with his signature and that of two witnesses, which declaration, thus certified and signed, shall be evidence before the grand and petit jury. 31 A. 804. Committal for Release on bail After the examination shall be thus made, if it shall appear from the testimony of the witnesses that a breach of the peace, crime or misdemeanor has been committed by the accused, it shall be the duty of trial. the parish judge, if the examination has been made before him, to send the accused to jail under the custody of the sheriff or constable, if the crime be punishable with death; and of the district judge, if the examination has been made before him, to send the accused to jail if the crime be punishable with death, and the proof evident or the presumption great. If the offence or crime charged may be punishable by imprisonment in the penitentiary, the district or parish judge may set him at liberty upon his giving bond, with approved security for such sum as the judge shall fix; and if the offence be punishable with less severe penalties, the accused shall be set at liberty upon his giving bond, with approved security, for such sum as the magistrate or judge shall fix; said bond shall be conditioned for the appearance of the party accused at the next parish or district court, as may be stated in the bond, in the parish in which the offence shall have been committed. If he be unable or refuse to give bond with such security, the magistrate or judge, as the case may be, shall commit him to prison until he be delivered in due course of law. The district and parish judges shall have jurisdiction as committing magistrates in all cases. D. sec. Sureties on bail bonds residing out of the parish may in cer SEC. 1011. Whenever a citizen of this State shall be arrested or confined out of the parish or district of his domicile, on the charge of having committed any bailable offence, the magistrate may admit him to bail on the bond of sureties residing in the same parish or judicial ceived. district as the accused. D. sec. 1207, 2039; Act 1855, p. 151; Voorhies' Cr. Jur., p. 335. tain cases be re |