Duty of court in charging grand

jury.

Indictment only

found by concur

SEC. 76. In charging grand juries, the court shall apprise them of the provisions of the three last sections, in relation to disclosures, and in what cases and under what circumstances any disclosures may or may not be made.

SEC. 77. No indictment can be found without the concurrence rence of twelve, of at least twelve grand jurors. When so found, and not otherwise, the foreman of the grand jury shall indorse it thus: "A true bill," A. B., Foreman.

How indorsed

when bill is ignored.

How presented to the court, &c.

When a prosecutor is necessary.

His name shall be indorsed on indictment.

When adjudged to pay the costs.

Grand jury not to present indictment, when.

Indictments how signed.

SEC. 78. Where there is not a concurrence of twelve grand jurors in finding an indictment, the foreman shall certify, under his hand, that such indictment is "Not a true bill."

SEC. 79. Indictments found by a grand jury, shall be presented by their foreman, in their presence, to the court, and shall be there filed, and remain as records of such court.

SEC. 80. No indictment for any trespass against the person or property of another, not amounting to felony, or for the first offence of petit larceny, shall be preferred unless the name of a prosecutor is indorsed thereon, except where the same is preferred upon the information or knowledge of two or more of the grand jury, or on the information of some public officer in the necessary discharge of his duty, in which case a statement of the fact shall be made at the end of the indictment, and signed by the foreman of the grand jury.

SEC. 81. The name of the prosecutor shall be indorsed as such by himself, or, where his name has been certified as prosecutor, with the examination as provided by law, the indorsement may be made by the prosecuting attorney; but no indictment shall be quashed for the want of such indorsement, if the same shall be made before the motion to quash is disposed of.

SEC. 82. If any indictment, so indorsed, shall be returned by the grand jury, "Not a true bill," the prosecutor shall be adjudged to pay the costs.

SEC. 83. It shall not be necessary for any grand jury to present any presentment prior to the presentation of the indictment. SEC. 84. Each indictment must be signed by the prosecuting attorney, and when the grand jury return any indictment into court, the judge must examine it, and if the foreman has neglegted to indorse it "A true bill," with his name signed thereto, when not signed. Or if the prosecuting attorney has neglected to sign his name, the court must canse the foreman to indorse, or the prosecuting attorney to sign it, as the case may require, in the presence of the jury.

Duty of court

nesses indorsed on

SEC. 85. Where an indictment is presented by the grand jury, Names of witthe names of all the material witnesses must be indorsed upon the indictment. indictment; but other witnesses may afterwards be subpoenaed by the Territory; but unless the names of such witnesses be indorsed on the indictment, no continuance shall be granted to the Territory on account of the absence of any witness whose name is not thus indorsed.

Of Indictments and Process thereon.

SEC. 86. All criminal prosecutions must be in the name of the of pleading. Territory of Kansas.

SEC. 87. The forms of pleading in criminal actions in the district court, and the rules by which the sufficiency of pleading is to be determined, are those herein described.

SEC. 88. The first pleading on the part of the Territory, is an First pleading. indictment.

or indictment

SEC. 89. The indictment must contain: First, The title of the What an affidavit action specifying the name of the court to which the indictment must contain. or affidavit is presented, and the names of the parties: Second, A statement of the facts constituting the offence, in plain and concise language, without repetition.

SEC. 90. The indictment must be direct and certain, as it re- Must be certain gards the party and the offence charged.

SEC. 91. The precise time of the commission of an offence need not be stated in the indictment; but it is sufficient if shown to have been within the statute of limitations, except where the time is an indispensable ingredient in the offence.

SEC. 92. In an indictment for an offence committed in relation to property, it is sufficient to state the name of any one, or names of several or joint owners.

as regards the party and the offence.

Time of commisnot necessary in

sion of offence

indictment.

Indictments in

relation to offen

cos against prop

erty, name
owner to be stat-
ed.

words in indict

SEO. 93. The words used in an indictment must be construed Construction of in their usual acceptation in common language, except words and ments. phrases defined by law, which are to be construed according to their legal meaning.

SEC. 94. Words used in the statutes to define a public offence, same. need not be strictly pursued, but other words, conveying the same meaning, may be used.

ing indictments.

SEC. 95. The indictment is sufficient, if it can be understood Menner of findtherefrom: First, That the indictment was found by the grand jury of the county in which the court is held: Second, That the defendant is named or described in an indictment, as a person whose name is unknown to the grand jurors, or in an information to the prosecuting attorney: Third, That the offence was

Defects for which indictments shall

committed within the jurisdiction of the court, or is triable therein Fourth, That the offence charged is clearly set forth, in plain and concise language, without repetition: and Fifth, That the offence charged is stated with such a degree of certainty that the court may pronounce judgment upon a conviction, according to the right of the case.

SEC. 96. No indictment may be quashed or set aside for any not be quashed or of the following defects: First, For a mistake in the name of

set aside.

Presumptions of law, &c., not

necessary in indictments.

Pleading a judg

ment.

Pleading a private statute.

One or more defendants.

Persons who aid

and abet may be

the court or county in the title thereof: Second, For the want of an allegation of the time or place of any material fact, when the venue and time have once been stated in the indictment or information: Third, That dates and numbers are represented by figures: Fourth, For an omission of any of the following, allegations, viz: "With force and arms," "contrary to the form of the statute," or, "against the peace and dignity of the Territory of Kansas:" Fifth, For an omission to allege that the grand jurors were impannelled, sworn or charged: Sixth, For any surplusage or repugnant allegation, when there is sufficient matter alleged to indicate the crime and person charged: Nor, Seventh, For any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits.

SEO. 97. Neither presumptions of law nor matters of which judicial notice is taken, need be stated in an indictment.

SEC. 98. In pleading a judgment or other determination of a court or officer of special jurisdiction, it is sufficient to allege generally that the judgment or determination was duly made or had before such court or officer, but the facts constituting the jurisdiction must be established on trial.

SEC. 99. In pleading a private statute or a right derived therefrom, it is sufficient to refer to the statute by its title and the day of its approval, and the court must take notice thereof. SEC. 100. Upon an indictment against several defendants, any one or more may be convicted or acquitted.

SEC. 101. Any person who counsels, aids or abets in the comtried and convict- mission of any offence, may be charged, tried and convicted in the same manner as if he were a principal.

ed same as principal.

Accessory after the fact.

Indictments, how

and when recorded.

SEC. 102. An accessory after the fact to the commission of a felony, may be indicted, tried and punished, though the principal be neither indicted or tried.

SEC. 103. Every indictment must be recorded by the clerk during the term at which the same is found, in a book to be kept

for that purpose; the judge must compare the record with the original indictments, and certify the correctness thereof. In case the original indictment is lost or destroyed, the defendant may be tried upon a copy taken from the record and certified by the clerk, without any delay from that cause.

destruction of an affidavit.

SEC. 104. In case of the loss or destruction of an indictment, In case of loss or the prosecuting attorney may file, in court, another indictment, and the prosecution shall proceed, and trial be had, without any delay from that cause.

affidavits, by

spected.

SEC. 105. Indictments against persons not in custody, or who Indictments and have not given bail, and the records of such indictments are in whom to be inthe custody of the clerk, and cannot be inspected by any person except the court, the clerk and his deputy, and prosecuting attorney, until after the arrest of the defendant.

mitted to disclose the fact that an

found.

SEC. 106. No grand juror, prosecuting attorney, clerk, judge Persons not peror other officer, can disclose the fact that an indictment is found, until the defendant has been arrested, except any disclosure that may be necessarily incident to the issue and service of a warrant to arrest the defendant. A violation of this and the next preceding section is punishable as a misdemeanor.

SEC. 107. Upon an indictment for an offence consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the offence.

Jury may find de any degree inferidicment.

fendant guilty of

or to the degree found in the in

SEC. 108. In all other cases the defendant may be found guilty of an offence, the commission of which is necessarily included in that with which he is charged in the indictment. SEC. 109. Counts for murder in the first and second degree, Murder in first and for manslaughter, may be joined in the same indictment, and, on the trial, the defendant may be convicted of either offence.

SEC. 110. When any offence shall be committed upon, or in relation to, any personal property belonging to several partners or owners, the indictment for such offence shall be deemed sufficient if it allege such property to belong to any one or more of such partners or owners, without naming all of them.

SEC. 111. An indictment against any accessory to any felony may be found in any county where the offence of such accessory shall have been committed, notwithstanding the principal offence may have been committed in another county, and the like proceedings shall be had therein, in all respects, as if the principal offence had been committed in the same county.

and second degree

and manslaughter

may be together.

Allegation of
of several owners

property in in-
diefment in case

&c.

Indictments counties may be

against accessories, in what

had.

Duties of olerk

must issue warrant on indictment.

SEC. 112. When an indictment is found, the court may direct the clerk to issue a warrant, returnable forthwith. If no order is made, the clerk must issue a warrant upon all indictments within Summons of wit- twenty days after the close of the term. The clerk at the same time must issue a summons for the witnesses.

nesses.

Warrants-to whom issued.

Duty of sheriff.

Bailable offences.

Amount of bail, by whom fixed."

Arrest, how made

Officer must show authority.

Powers of officer in case of flight or resistance.

When arrest may

be made.

In case of escape

and rescue, how -retaken.

other county.

Warrants may

SEC. 113. The warrant issues to the sheriff of the county where the indictment is filed, unless the prosecuting attorney directs the warrant to be issued to some issue to different counties at the same time. The sheriff must execute the warrant, and serve the summons immediately upon being delivered to him.

SEC. 114. All offences are bailable by sufficient sureties, except murder, when the proof is evident or the presumption great.

SEC. 115. The court, at each term, must order the amount in which persons charged by indictment are to be held to bail, and the clerk must indorse the amount on the warrant. If no order fixing the amount of bail has been made, the sheriff may present the warrant to the judge of the court, and such judge must thereupon indorse the amount of bail to be required; or, if there is no such judge in the county, the clerk may fix the amount of bail.

SEC. 116. When writs of attachment are returnable after the close of the term, the court must direct the amount of bail to be required of the defendant.

SEO. 117. Arrest is the taking of a person into custody, that he may be held to answer for a public offense.

SEC. 118. An arrest is made by an actual restraint of the person of the defendant or by his submission to the custody of officers.

SEC. 119. The officer must inform the defendant that he acts under authority of a warrant, and must also show the warrant if required.

SEC. 120. If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessry means to effect the arrest.

SEC. 121. An arrest may be made on any day, or at any time of the day or night. If any person arrested escape or be rescued, the person from whose custody he made his escape, or was rescued, may immediately pursue and retake him, at any time and within any place in the Territory. To retake the person escaping or rescued, the person pursuing has the same power to command assistance as is given in cases of arrest.