cessary to enforce the attendance of witnesses, as upon the trial of an indictment.

§ 118. The defendant cannot be convicted, without the concurrence of a majority of the members of the court who heard the trial; if a majority do not concur in a conviction, he shall be declared acquitted.

§ 119. Upon a conviction, the court shall immediately, or at such other time as they may appoint, pronounce judgment that the defendant be removed from office. But to warrant a removal, the judgment must be given by a majority of the members of the court, who heard the trial, and must be entered upon the minutes, assigning therein the causes of removal.

PART V.

Of the proceedings in criminal actions prosecuted by indictment.

TITLE I. Of the local jurisdiction of public offences.

II. Of the time of commencing criminal actions.

III. Of the information and proceedings thereon, to the commitment nclusive.

IV. Of proceedings after commitment and before indictment.

V. Of the indictment.

VI. Of the proceedings on the indictment, before trial.

VII. Of the trial.

VIII. Of the proceedings after trial and before judgment.

IX. Of the judgment and execution.

X. Of appeals.

XI. Of bail.

XII. Of miscellaneous proceedings.

TITLE I.

OF THE LOCAL JURISDICTION OF PUBLIC OFFENCES.

§ 120. Every person, whether an inhabitant of this or any other state or country, or of a territory or district of the United States, is liable to punishment by the laws of this state, for a public offence committed by him therein, except where it is by law cognizable exclusively in the courts of the United States.

§ 121. When the commission of a public offence commenced without this state. is consummated within the boundaries thereof, the defendant is liable to punishment therefor in this state, though he were without the state at the time of the commission of the offence charged, provided he consummated the offence through the intervention of an innocent or guilty agent within this state, or any other means proceeding directly from himself; and in such case, the jurisdiction is in the county in which the offence is consummated.

§ 122. When an inhabitant or resident of this state shall by previous appointment of engagement fight a duel, or be concerned as second therein, without the jurisdiction of this state, and in such duel a wound shall be inflicted upon any person, whereof he shall die within this state, the jurisdiction of the offence is in the county where the death shall happen.

§ 123. When an inhabitant of this state shall have left the same for the purpose of eluding the operation of the provisions of the revised statutes, contained in the first, second, third and fourth sections of the article entitled, "Of duelling and challenges to fight," with the intent specified, or for the purpose of doing any of the acts prohibited in the fifth section of that article, the jurdiction is in the county of which the offender was an inhabitant when the offence was committed, or in any county in which, in the opinion of the governor, the evidence can be most conveniently obtained and produced, to be

designated by him by an appointment in writing to be filed in the office of the clerk of such county.

§ 124. When a public offence is committed in part in one county and in part in another, or the acts or ef fects thereof, constituting or requisite to the consummation of the offence, occur in two or more counties, the jurisdiction is in either county.

§ 125. When a public offence is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county.

§ 126. When an offence is. committed within this state, on board a vessel navigating a river, lake or canal, or lying therein in the prosecution of her voyage, the jurisdiction is in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage shall terminate.

§ 127. The jurisdiction of an indictment for the crime of forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping him, with intent, against his will, to cause him to be secrety confined or imprisoned within this state, or to be sent out of the state, or to be sold as a slave, or in any way held to service, or of selling or in any manner transferring for a term the services or labor of a black, mulatto, or other person of color, forcibly taken, inveigled or kidnapped from this state, to any other state, place or country, or of decoying, or taking, or enticing away a

child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of such child, or of inveigling, enticing or taking away an unmarried female of previous chaste character, under the age of twenty-one years for the purpose of prostitution, is in any county in which the offence is committed, or into or out of which the person, upon whom the offence was committed, may in the prosecution of the offence, have been brought, or in which an act shall be done by the offender in instigating, procuring, promoting, aiding in or being an accessary to the commission of the offence, or in abetting the parties concerned therein.

§ 128. When the offence, either of bigamy or of incest, is committed in one county, and the defendant is apprehended in another, the jurisdiction is in either county.

§ 129. When property feloniously taken in one county, by burglary, robbery, larceny or embezzlement, has been brought into another, the jurisdiction of the offence is in either county. But if at any time before his conviction in the latter, he be indicted in the former county, the sheriff of the latter county shall upon demand, deliver him to the sheriff of the former county, upon being served with a copy of the indictment, and upon a receipt endorsed thereon by the sheriff of the former county of the body of the offender; and shall on filing the copy of