CHAPTER 36.

Criminal Code-Amendment.

AN ACT to amend Section 58 of the Criminal Code of Wyoming Territory.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That section fifty-eight of the criminal code of Wyoming Territory, as the same is found upon page 146 of the Compiled Laws thereof, be, and the same is hereby, repealed, and is re-enacted as follows:

crue to county

Sec. 58. Whenever such recognizance shall have Forfeited rebeen forfeited, as aforesaid, such forfeiture shall accrue cognizance ac-to the county in which the recognizance was taken, and where taken. it shall be the duty of the county and prosecuting attorney of such county to prosecute the same by civil action for the penalty thereof, in the name of the Territory, and for the use of such county; and such action shall be governed by the provisions of the code of civil procedure, so far as the same may be applicable.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved Feb. 6th, 1884.

In force.

CHAPTER 37.

Criminal Code-Amendment.

AN ACT to amend sections 188, 189, 190 and 191 of the Code of Criminal Procedure of Wyoming Territory, being chapter 14 of the Compiled Laws of Wyoming.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That section one hundred and eightyeight of an act entitled "An Act to establish a code of criminal procedure for the Territory of Wyoming," approved December 10th, 1869, being chapter 14 of the Compiled laws of Wyoming, be and the same is hereby amended so as to read as follows, to wit:

Sec. 188. In all criminal cases, after final judg- Writs of error. ment and within one year after the rendition of the

In capital

cases.

In felonies or

misdemeanors.

Misdemeanors.

judgment, writs of error may, on good cause shown, be allowed on the application of the defendant upon his petition, verified by affidavit, setting forth the grounds of error clearly and succinctly, of which he complains, together with a transcript of the record of the trial court, by the supreme court, or any judge thereof, in the recess or vacation of said court.

SEC. 2. That section one hundred and eighty-nine of said act be and the same is hereby amended so as to read as follows, to wit:

Sec. 189. In all cases of conviction, where the pun ishment shall be capital, the court or judge allowing such writ shall order a suspension of the execution until such writ of error shall be heard and determined; upon hearing such writ of error, the supreme court 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.

SEC. 3. That section one hundred and ninety of said act be and the same is hereby amended so as to read as follows, to wit:

Sec. 190. In all other cases of conviction of a felony or misdemeanor, the supreme court or judge allowing the writ of error, may order the same to be made returnable before the supreme court, and in cases of felonies shall order the suspension of the execution of said sentence until such case shall be heard and determined; and upon hearing such writs of error, either in felonies or misdemeanors, the supreme court shall order the prisoner to be discharged, a new trial to be had, or if the judgment against the defendant be affirmed, the supreme court shall order the original judgment to be enforced.

SEC. 4. That section one hundred and ninety-one of said act be and the same is hereby amended so as to read as follows, to wit:

Sec. 191. In cases of conviction for misdemeanors the court or judge allowing the writ of error, shall make it returnable as in cases of conviction for 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 case 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, which recognizance shall be conditioned for the defendant's prosecuting

said writ of error 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. 5. This act shall take effect and be in force from In force. and after its passage and approval.

Approved February 27th, 1884.

CHAPTER 38.

Criminal Codes Amendment.

AN ACT to amend sections 120 and 121 of the Criminal Code, being chapter 14 of the Compiled Laws of Wyoming.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That section 120 of an act entitled "An Repeal. Act to establish a Code of Criminal Procedure for the Territory of Wyoming," approved December 10, 1869, the same being chapter 14, of the Compiled Laws of Wyoming, be and the same is hereby repealed, and is re-enacted as follows, to wit:

challenges

of

to

Sec. 120. Every person charged with the commission Peremptory of an offense, the punishment whereof is capital, may defendant challenge twelve persons, returned as jurors, perempto-jurors. rially. In all cases of felony not punishable capitally, the defendant shall have eight peremptory challenges, and in cases of misdemeanor, four peremptory challenges.

SEC. 2. That section 121 of said act be and the same Repeal.

Peremptory

challenges.

is hereby repealed and re-enacted as follows, to wit: Sec. 121. The prosecuting attorney shall have six per-challenges of emptory challenges in capital cases, three in other felonies prosecuting atand two in misdemeanors. torney. Challenge for cause lies with For cause both the defendant and prosecutor. The court shall in Court to try all cases where the punishment of death does not follow validity of conviction, try the validity of such challenge. In capital Triers in cases, three triers, with the qualifications of jurors, to be capital cases. appointed by the court, who shall be the sole judges of the fact whether the juror stands impartial between the defendant and the people, and such triers shall examine the person presented, as sworn upon his oath, and may receive other evidence, if necessary, to aid them in arriving at a proper conclusion as to such juror's competency.

SEC. 3. This act shall be in force and take effect from In force and after the day of July, 1884.

Approved March 6th, 1884.

Repeal.

dictments

homicide.

for

CHAPTER 39.

Criminal Code Amendment.

AN ACT to antend the Criminal Code, being chapter 14 of the Compiled Laws of Wyoming Territory.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That section 86 of the Criminal Code, as found upon page 150 of the Compiled Laws of Wyoming Territory, be and the same is hereby repealed, and is re-enacted as follows, to wit:

Form of 111- Sec. 86. In any indictment for murder in the first degree, or murder in the second degree, or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which the death was caused, but it shall be sufficient to charge in any indictment for murder in the first degree that the defendant did wilfully, deliberately and of his malice aforethought, premeditatedly kill and murder the deceased; and in like manner in any indictment for murder in the second degree it shall be sufficient to charge that the defendant did purposely and maliciously kill and murder the deceased; and in like manner, in any indictment for manslaughter, it shall be sufficient to charge that the defendant did unlawfully kill and slay the deceased.

Repeal.

In force.

Proviso.

SEC. 2. That all acts and parts of acts in conflict with the provision of this act, be and the same are hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage: Provided, That it shall apply only to cases of murder and manslaughter arising after the passage of this act.

Approved March 6th, 1884.

CHAPTER 40.

Criminal Code Amendment-Preliminary Examinations.

AN ACT concerning preliminary examinations of persons accused of crime

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That section 30, title four, chapter fourteen, of the Compiled Laws of Wyoming, be and the same is hereby repealed and re-enacted to read as follows:

Sec. 30. If it shall become necessary, for any just cause, to adjourn the examination of any person brought before the justice, as set forth in the preceding section, it shall be lawful for such justice to adjourn such examination, and commit such person from time to time for safe-keeping to the jail of the county, until the cause of delay be removed, and no longer.

Repeal.

Justice may

adjourn,

SEC. 2. This act shall take effect and be in force from In force. and after its passage.

Approved February 27th, 1884.

CHAPTER 41.

Elections-Amendment.

AN ACT to amend section ninety-six (96) of an act entitled "An Act to provide elections, the manner of conducting the same, and for other purposes,' approved December 13, 1879.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That section ninety-six (96) of an act entitled "An Act to provide for elections, the manner of conducting the same and for other purposes," approved December 13, 1879, being chapter 34 of the Session Laws of 1879, be and the same is hereby amended so as to read Amendment. as follows: Sec. 96. When a vacancy shall occur in the office of sheriff, county clerk, probate judge, county treasurer, county or prosecuting attorney, or county com

Vacancy in county offices.