« PreviousContinue »
§ 469. Upon a trial for treason, the defendant cannot be convicted, unless upon the testimony of two witnesses to the same overt act, or of one witness to one overt act, and another witness to a different overt act of the same treason. But if two or more distinct treasons, of different kinds, be alleged in the indictment, two witnesses to prove different treasons, shall not be sufficient to warrant a conviction.
$ 470. Upon a trial for treason, evidence shall not be admitted, of an overt act not expressly charged in the indictment; nor shall the defendant be convicted, unless one or more overt acts be expressly alleged therein.
$ 471. Upon a trial for a conspiracy, in a case where an overt act is required by law to constitute the offence, the defendant cannot be convicted, unless one or more overt acts be expressly alleged in the indictment, nor unless one or more of the acts alleged be proved; but other overt act not alleged in the indictment, may be given in evidence.
§ 472. Proof of actual penetration into the body, is sufficient to sustain an indictment for rape, or for the crime against nature.
§ 473. A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offence; and the corrobora
tion shall not be sufficient, if it merely show the commission of the offence, or the circumstances thereof.
§ 474. Upon a trial for having, with intent to cheat or defraud another, designedly, by any false pretence, obtained the signature of any person to a written instrument, or having obtained from any person any money, personal property or valuable thing, no evidence shall be admitted of a false pretence expressed in language, and unaccompanied by a false token or writing, unless the pretence, or some note or memorandum thereof, be in writing, either subscribed by, or in the handwriting of the defendant.
§ 475. 'The last section shall not apply to a prosecution for falsely representing or personating another, and in such assumed character receiving any money or property.
$ 476. Upon a trial for inveigling, enticing or taking away an unmarried female of previous chaste character, under the age of twenty-five years, for the purpose of prostitution, or aiding or assisting therein, or for having, under promise of warriage, seduced and had illicit connexion with an unmarried female of previous chaste character, the defendant shall not be convicted upon the testimony of the person injured, unless she be corroborated by other evidence, tending to connect the defendant with the commission of the offence.
§ 477. If it appear by the testimony, that the facts proved constitute an offence of a higher nature than that charged in the indictment, the court may direct the jury to be discharged, and all proceedings on the indictment to be suspended, and may order the defendant to be committed, or continued on or admitted to bail, to answer any new indictment which may be found against him for the higher offence.
$ 478. If an indictment for the higher offence be dismissed by the grand jury, or be not found at or before the next terin, the court shall again proceed to try the defendant on the original indictment.
$ 479. The court may also direct the jury to be discharged, where it appears that it has not jurisdiction of the offence, or that the facts, as charged in the indictment, do not constitute an offence punishable by law.
§ 480. If the jury be discharged because the court has not jurisdiction of the offence charged in the indictment, and it appear that it was committed out of the jurisdiction of this state, it shall order the defendant to be discharged.
$ 481. If the offence were committed within the exclusive jurisdiction of another county of this state, the court shall direct the defendant to be committed for such time as they shall deemn reasonable, to await a warrant from the proper county for his arrest; or if the offence be a misdemeanor only it may admit hiin to bail, in an undertaking, with sufficient sureties, that he will, within such time as the court may appoint, render himself amenable to a warrant for his arrest, from the proper county, and if not sooner arrested thereon, will attend at the office of the sheriff of the county where the trial was had, at a certain time particularly designated in the undertaking, to surrender himself upon the warrant, if issued, or that his bail will forfeit such sum as the court may fix, and to be mentioned in the undertaking
8 482. In the case provided for in the last section, the clerk shall forthwith transmit a certified copy of the indictment and of all the papers in the action, filed with him, to the district attorney of the proper county; the expense of which transmission shall be chargeable to that county.
§ 483. If the defendant be not arrested, as provided in section 481, on a warrant from the proper county, he shall be discharged from custody, or his bail in the action shall be exonerated, or money deposited instead of bail shall be refunded, as the case may be ; and the sureties in the undertaking inentioned in that section shall be discharged.
§ 484. If he be arrested, the same proceedings shall be liad thereon, as upon the arrest of a defendant in another county, on a warrant of arrest issued by a ma
§ 485. If the jury be discharged, because the facts as charged do not constitute an offence punishable by law, the court shall order that the defendant, if in custody, be discharged therefrom, or if admitted to bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money deposited be refunded to him, unless in their opinion a new indictment can be framed, upon which the defendant can be legally convicted; in which case, they may direct that the case be submitted to the same or another grand jury.
8 486. If the court direct that the case be submitted anew, the same proceedings must be had thereon, as are prescribed in sections 350 to 352, both inclusive.
$ 487. If, at any time after the evidence on either side is closed, the court deem the same insufficient to warrant a conviction, it may advise the jury to acquit the defendant. But the jury shall not be bound by such advice; nor shall the court for any cause prevent the jury from giving a verdict except as provided in sections 466, 467, 477 and 479.
$ 488. Whenever, in the opinion of the court, it is proper that the jury should view the place in which the offence is charged to have been committed, or in which any other material fact occurred, they may order the jury to be conducted in a body, in the custody of proper officers, to the place, which shall be shown