Compelling return. Ordering and compelling further or amended return. Appeal, by whom and how brought to argument. If not brought to § 757. If the return be not made within the time prescribed in the last section, the court of sessions, or the presiding judge thereof, may order that a return be made within a specified time which may be deemed reasonable; and the court may, by attachment, compel a compliance with the order. § 758. If the return be defective, a further or amended return may be ordered, and the order may be enforced in the manner provided in the last section. 759. When the return is made, the appeal may be brought to argument by the defendant, on any day in term, upon a notice of not less than five days before the term, to the district attorney of the county. § 760. If the defendant omit to bring the appeal to argu. argument, ment, as provided in the last section, the court must dis miss it, unless it continue the same, by special order, for as pro vided in last sec tion, to be dismissed, cause shown. unless continued for cause shown. Service of return on district §761. The defendant must serve upon the district attorney, a copy of the return, with or before the notice of attorney, argument. If he fail to do so, the appeal must be disquences of missed, upon proof of the failure, unless the court other wise direct. and conse failure. to hearing If brought § 762. If the appeal be brought to hearing by the deby defend fendant, it must be argued, though no one appear to ant, appeal must be argued, oppose; but if brought on by the district attorney, he may take judgment of affirmance, unless the defendant appear to argue the appeal. though no one oppose, &c. Appeal to be heard § 763. The appeal must be heard upon the original on original return; and no copy thereof need be furnished for the use of the court. return. What judgment may be rendered. § 764. After hearing the appeal, the court must give judgment, without regard to technical errors or defects, which have not prejudiced the substantial rights of the defendant; and may render the judgment which the court below should have rendered, or may, according to the justice of the case, affirm or reverse the judgment, in whole or in part, as to all or any of the defendants, if there be more than one, or may order a new trial. §765. When judgment is given upon the appeal, it must Judgment be entered upon the minutes. to be entered on the minutes. on judg ment for affirmance. 766. If the judgment be affirmed, the court must Order updirect its execution, and if the defendant have been discharged on bail, after the commencement of the execution of a judgment of imprisonment, must commit him to the proper custody for the remainder of his term of imprison ment. on judgment of reversal. § 767. If the judgment be reversed, and the defendant Order upbe imprisoned in pursuance of the judgment of the police court, the court of sessions must order him to be discharged. 768. If a new trial be ordered, it must be had in court of sessions, in the same manner as upon an issue fact on an indictment; and that court may proceed judgment and execution, as in an action prosecuted by dictment. the of If new trial or dered, to be had in to cons ings there sessions. Proceed in on. ings to car § 769. If any proceedings be necessary to carry the Proceedjudgment upon the appeal into effect, they must be had the court of sessions. in ry judg ment upon appeal into effect, to be had in court of On judg court of § 770. If the judgment on the appeal be against the sessions defendant, he may appeal therefrom to the supreme court, in the same manner as from a judgment in an action prose cuted by indictment, and may be admitted to bail upon appeal, in like manner. § 771. The judgment of the supreme court upon appeal is final. the the ment of sessions. may ap defendant peal to supreme court. His admission to bail. Judgment of supreme court upon appeal, final. Proceedings to car into ef 772. The same proceedings must be had, to carry into effect the judgment of the supreme court upon the appeal, ry as if it had been taken upon a judgment in an action pros- ment of ecuted by indictment. fect judg supreme court. PART VI. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. II. OF SEARCH WARRANTS. III. OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON. IV. OF PROCEEDINGS AGAINST FUGITIVES FROM JUS TICE. V. OF PROCEEDINGS RESPECTING BASTARDS. VI. OF PROCEEDINGS RESPECTING VAGRANTS. VII. OF PROCEEDINGS RESPECTING DISORDERLY PER SONS. VIII. OF PROCEEDINGS RESPECTING THE SUPPORT OF POOR PERSONS. IX. OF PROCEEDINGS RESPECTING MASTERS, APPREN TICES, AND SERVANTS, X. OF CRIMINAL STATISTICS. XI. MISCELLANEOUS PROVISIONS RESPECTING PRO CEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. SECTION 773. In what cases coroner to summon a jury. Number of jurors to be summoned. 774. Jury to be sworn. 775. Witnesses to be subpoenaed. 776. Compelling attendance of witnesses, and punishing their diso bedience. 777. Verdict of the jury. 778. Testimony, how taken and filed. 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned. 780. Warrant for arrest of party charged by verdict. 781. Form of warrant. 782. Warrant, how executed. 783. Proceedings of magistrate, on defendants being brought before him. 784. Clerk with whom inquisition is filed, to furnish magistrate with copy of the same and of testimony returned therewith. SECTION 785. Coroner to deliver money or property found, on deceased, to 786. County treasurer to place money to credit of county; and to sell 787. Money, when and how paid to representatives of deceased. 789. In New York, police justices may perform duties of coroner, dur- 790. Compensation of coroners. a cases cor summon a Number of oc- be sum jurors to moned. § 773. When a coroner is informed that a person has In what been killed or dangerously wounded by another, or has oner to suddenly died, under such circumstances as to afford reasonable ground to suspect that his death has been casioned by the act of another, by criminal means, or has committed suicide, he must go to the place where the person is, and forthwith summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith, at a specified place, to inquire into the cause of the death or wound. sworn. 774. When six or more of the jurors appear, they must Jury to be be sworn by the coroner to inquire who the person was, and when, where and by what means he came to his death or was wounded, as the case may be, and into the circumstances attending the death or wounding, and to render a true verdict thereon, according to the evidence offered to them, or arising from the inspection of the body. to be sub pœnaed. § 775. The coroner may issue subpoenas for witnesses, Witnesses returnable forthwith, or at such time and place as he may appoint. He must summon and examine as witnesses, every person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death or wounding. ing attend § 776. A witness served with a subpoena may be com- Compellpelled to attend and testify, or punished by the coroner ance of for disobedience, as upon a subpoena issued by a magistrate, ishing as provided in this Code. witnesses, and pun their disobedience. the jury. Verdict of § 777. After inspecting the body, and hearing the testi mony, the jury must render their verdict, and certify it by an inquisition in writing, signed by them, and setting forth who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded; and if he were killed or wounded, or his death were occasioned by the act of another, by criminal means, who is guilty thereof, in so far as by such inquisition they have been able to ascertain, Testimony, how taken § 778. The testimony of the witnesses examined before and filed. the coroner's jury must be reduced to writing by the coroner, or under his direction, and must be forthwith filed by him, with the inquisition, in the office of the clerk of the court of sessions of the county, or of a city court, having power to inquire into the offense by the intervention of a grand jury. If defendant arrested before § 779. If, however, the defendant be arrested before the inquisition can be filed, the coroner must deliver it with inquisition on the testimony, to the magistrate before whom the defendant is brought, as provided in section 781, who must return it with the depositions and statement taken before returned. him, in the manner prescribed in section 221. sitions to be delivered to magis trate, and by him Warrant for arrest of party charged by verdict. Form of warrant. 780. If the jury find that the person was killed or wounded by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another, by criminal means, and the party committing the act be ascertained by the inquisition, and be not in custody, the coroner must issue a warrant, signed by him with his name of office, into one or more counties, as may be necessary, for the arrest of the person charged. 781. The coroner's warrant must be in substantially the following form: "County of Albany, [or as the case may be]. "In the name of the people of the state of New York: To any sheriff, constable, marshal or policeman in this state. "An inquisition having been this day found by a cor |