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the arrest of a person may pursue him to his home, and if necessary he may break down the doors. A private person without a warrant, who has good reasons for believing that one has committed a felony, may use the same force in making the arrest, though if the party arrested prove to be innocent an action for damages would lie against the persons so breaking open doors without warrant. Mere suspicion of guilt will not justify such a course on the part of a private person. If an offender secretes himself in the house of another, the right to arrest him and to use force is the same as if he were in his own house. Upon proper affidavits magistrates issue searchwarrants for stolen goods, and an officer having such a warrant may break open doors, trunks, etc., in prosecuting his search. Before resorting to such violence, however, he should make a demand for peaceful entrance and for the keys of trunks or chests in which the stolen goods are suspected to be.

§ 675. Extradition.-Where one who has committed a crime in one state flees to another, his arrest may be accomplished by means of a writ of extradition. This writ is issued by authority of the state where the fugitive may be in hiding, upon a formal application of the governor of the state in which the crime was committed. The extradition of fugitives from justice is in obedience to a requirement of the constitution of the United States, which provides that a person charged in any state with treason, felony, or other crimes, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, and be removed to

the state having jurisdiction. This provision includes every crime punishable in the state making the requisition. The person who takes custody of the fugitive for the purpose of bringing him to the state from which he fled is not necessarily an officer. He is the agent of the state making the demand and is named in the requisition. When he has custody of the fugitive it is his duty to transport him without delay to the state and county where the crime was committed and to deliver him over to the proper officer, to be dealt with according to law.

Fugitives from justice who seek refuge in a foreign country are delivered up according to the stipulations of the treaties made upon that subject. The crimes. for which such fugitives will be surrendered to the country claiming them are enumerated in the treaties. No civilized country, however, will deliver up a fugitive who is charged with a political offense.

§ 676. Examinations, bail, etc.-The accused being in custody and before the officer or court having jurisdiction of the case, he is entitled to have an examination and trial in due course of law. If the offense is trivial, the magistrate, mayor, justice of the peace, or police judge, proceeds promptly to hear the case and assess the penalty. In such cases the judgment is final unless by statute an appeal to a higher court is allowed. If the offense is of a higher grade and one of which the magistrate who issued the writ has not jurisdiction to try, he proceeds in a summary way to hear the evidence, and if a case of probable guilt is made out, he requires the accused to give bail, if the offense be bailable, for his appearance before the court having final

jurisdiction, to answer the charge; and if bail is not given, the accused is imprisoned until the charge against him is disposed of by that court. If on the preliminary examination the magistrate should decide that the evidence did not establish a case of probable guilt, the accused would be discharged. Such a discharge, not being a final judgment, would be no bar to subsequent arrests and trials for the same offense.

§ 677. Right to speedy trial-Presence of accused in court. Where bail is given, or the accused is imprisoned by the examining magistrate for want of bail, he is entitled to have the charge against him investigated at the next term of the court having jurisdiction. If no indictment is found against him and no formal charge made in that court, he will be discharged. When the indictment is found by the grand jury, or an information is filed by the prosecutor, the defendant is entitled to be arraigned and have the charge read to him in open court. He can waive this right and appear and plead by attorney if he pleases. When a prisoner is in custody, he has a right to be present in court at every stage of the proceedings. If he is on bail and voluntarily absents himself during a part of the proceedings, such absence will not affect the validity of his trial and conviction.

§ 678. Right of prisoner to have counsel.-The right of the prisoner to be represented by counsel is guaranteed by the constitution of the United States and by the constitutions of most of the states. If he is not able, or refuses to employ counsel, the court will assign some attorney to appear for the pris

An attorney who is

oner and conduct his defense. so designated by the court is bound to perform the duty assigned him. In some jurisdictions the attorney receives no compensation, in others the court makes him an allowance which is paid out of the public treasury, as other court expenses are paid.

§ 679. Change of venue.-The defendant has a right to be tried by an impartial court and an unprejudiced jury. If it is shown to the satisfaction of the court by proper affidavits that the local prejudice in the place where the prisoner is arraigned for trial is so great that it would be impossible to give him a fair trial, the place of trial will be changed to another jurisdiction. In some states the judge has no discretion, but must award the change when applied for in the form required by law. In other states the judge may allow or refuse the application at his discretion. The same rules apply where the prisoner impeaches the partiality of the judge and demands a trial before an unprejudiced judge.

§ 680. Application for continuance.-If the prosecutor or defendant is not ready to proceed with the trial on account of the sickness or absence of important witnesses, the court will grant a continuance. A mere statement of the prosecutor that he is not prepared to proceed is usually enough to procure a continuance. A stricter rule is applied to the defendant who in order to procure a continuance must show to the court by affidavits that a material witness or witnesses are absent, that it was impossible by the exercise of reasonable diligence to procure their attendance, that he has reasonable grounds for believing that their attendance may be procured if

time is given, that the facts he expects to prove by the testimony of the absent witness can not be established so well by any other available witness. In extreme cases continuances will be granted on account of the sickness of the defendant or his counsel or where on account of some temporary local excitement it would be prejudicial to the defendant to be forced to trial. An improper refusal to grant a continuance is an error which will reverse a case in the appellate court if the defendant should be tried and convicted. Where proper affidavits are filed, a continuance may be avoided by the admission of the prosecutor that the absent witness if present would testify to the facts set forth in the affidavits.

§ 681. Indictment - Information. The indictment is a written accusation charging the persons named therein with the commission of a crime, presented on oath by the grand jury. An information is a similar charge not presented by the grand jury but signed by the prosecuting officer. In substance they are the same. Each must charge the defendant named with a specific offense, giving time, place, person and every circumstance so as to inform the accused of the exact nature of the charge he is to answer. In the caption the state and county in which the offense was committed and the name of the court should appear. The indictment must be signed by the prosecuting attorney and indorsed, "A true bill," by the foreman of the grand jury. If a single count in an indictment charges two distinct crimes, it will be bad for duplicity, as where the same count contains a charge of murder and robbery. Where an

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