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 crime, 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, to be removed to the state having jurisdiction of the crime." 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.

$700. Examinations, bail, etc.-The accused being in custody and before the officer or court having juris Idiction 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

If the

statute an appeal to a higher court is allowed. 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.

§ 701. 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.

§ 702. Right of prisoner to have counsel.-The right of the prisoner to be represented by counsel is guar

anteed 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 prisoner and conduct his defense. An attorney who is 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.

§ 703. 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.

§ 704. 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 pro

cure 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.

§ 705. 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 indictment in describing the offense follows substantially the language of the statute, it is sufficient.

§ 706. Pleas to indictment.-Before entering his plea to the charge against him, the defendant may move to quash the indictment or information for some defect apparent upon the face of it, as if it does not charge the offense properly or is not signed by the prosecutor or indorsed by the foreman of the grand jury, or if the names of the principal witnesses for the prosecution do not appear upon it, or if the date of the offense as charged is subsequent to the finding of the indictment or the filing of the information, or if the date named is beyond the period prescribed by the statute of limitations. What are and what are not sufficient grounds for a motion to quash is ordinarily determined by the statutes of the states. The motion to quash should precede the plea, though the court will allow a plea already entered to be withdrawn and give the defendant leave to move to quash the indictment or information.

§ 707. Arraignment.-The arraignment consists of calling the prisoner to the bar by name, reading the indictment to him, and asking him whether he is guilty or not guilty of the offense charged. When thus arraigned he may demur to the indictment, plead either to the jurisdiction, in abatement, a former conviction or acquittal of the same offense, a pardon, or not guilty. If he stands mute and refuses to plead, the court will order a plea of not guilty to be entered. If the defendant pleads guilty, nothing remains for the court to do but to pass sentence. The plea of guilty can be made only by the defendant in person, and in open court. The plea of not guilty puts

in issue all the material averments in the indictment and information.

§ 708. Jury impaneling.-The case being put at issue by the plea of not guilty, the impaneling of the