agree, and are discharged by the justice, a new jury shall be selected and summoned in the same manner, and the same proceedings shall thereupon be had, as herein prescribed in respect to the first jury, unless the accused consents to be tried by the justice; in which case the justice shall proceed to the trial of the issue, as if no jury had been demanded. § 153. (SEC. 144.) Challenge of jurors. In all trials for criminal offences before a justice, either party may challenge any juror for cause. § 154. (SEC. 145.) Trial, how conducted-jury, how to be kept. After the jury are sworn, they shall sit together and hear the evidence and allegations in the action, which shall be delivered in public, and in the presence of the accused; and after hearing the same, the jury shall be kept together in some convenient place, until they agree on a verdict, or are discharged by the justice; and a sheriff or constable shall be sworn to take charge of the jury, in like manner as upon trial in justices' courts in civil proceedings. 21 M. 47. $155. (SEC. 146.) Verdict. When the jurors have agreed on their verdict, they shall deliver the same to the justice publicly, who shall enter it in his docket. $156. (SEC. 147.) Conviction, judgment and punishment. Whenever the accused is tried under the preceding provisions of this title, and found guilty, either by the justice or by a jury, or is convicted of the charge made against him on a plea of guilty, the justice shall render judgment thereon, and inflict such punishment, either by fine or imprisonment, or both, as the nature of the case may require. $157. (SEC. 148.) Acquittal-complainant to pay costs, when. Whenever the accused, tried under the preceding provisions of this title, either by the justice or by a jury, is acquitted, he shall be immediately discharged; and if the justice before whom the trial is had, certifies in his docket that the complaint was wilful and malicious, and without probable cause, he shall enter a judgment against the complainant for the costs that have accrued to the court. and sheriff, or constable, and jury, in the proceedings had upon such complaint, and execution may issue therefor. $158. (SEC. 149.) Appeal in criminal cases-requisites thereof. The person charged with and convicted by any such justice of any such offence may appeal from the judgment of such justice to the district court: provided, that no appeal shall be allowed in any case, unless the following requisites are complied with within ten days after such conviction, viz: First. The person so appealing shall enter into a recognizance, with one or more sufficient sureties, to be approved by such justice, conditioned to appear before the district court on the first day of the general term thereof, next to be holden in and for the same county, and abide the judgment of said court therein, and in the meantime to keep the peace and be of good behavior. Second. The party appealing shall serve a notice upon the county attorney of the county, or in case of his absence from the county, or in case there is no county attorney, on the clerk of the district court of said county, specifying generally the grounds of his appeal, as follows, to wit: that the appeal is taken upon questions of law alone, or upon questions of fact alone, or upon questions of law and fact. (As amended 1871, c. 72, § 1.) 9 M. 153 (166); 21 M. 500. § 159. (SEC. 150.) Allowance of appeal-proceedings by justice—trial in district court. Upon a compliance with the foregoing provisions, the justice shall allow the appeal, and make an entry of such allowance in his docket; and all further proceedings on the judgment before the justice shall be suspended by the allowance of the appeal. The justice shall thereupon make a return of all the proceedings had before him, and cause the complaint, warrant, recognizance, original notice of appeal, with proof of service thereof, and return, and all other papers relating to said cause and filed with him, to be filed in the district court of the same county, on or before the first day of the general term thereof next to be holden in and for said county. And the complainant and witnesses may also be required to enter into recognizance, with or without sureties in the discretion of the justice, to appear at said district court at the time last aforesaid, and to abide the order of the court therein. Upon an appeal on questions of law alone, the cause shall be tried in the district court upon the return of the justice; on an appeal taken upon questions of fact alone, or upon questions of both law and fact, the cause shall be tried in the same manner as if commenced in the district court. (As amended 1871, c. 72, § 2.) 13 M. 520; 21 M. 458. § 160. (SEC. 151.) Costs on appeal, if the defendant is convicted, etc. The appellant shall not be required to advance any fees in claiming his appeal, or in prosecuting the same; but if convicted in the district court, or if sentenced for failing to prosecute his appeal, he may be required, as a part of his sentence, to pay the whole or any part of the costs of prosecution, in both courts. § 161. (SEC. 152.) Proceedings when defendant fails to prosecute appeal. If the appellant fails to enter and prosecute his appeal, he shall be defaulted on his recognizance; and the district court may award sentence against him for the offence whereof he was convicted, in like manner as if he had been convicted thereof in that court; and if he is not then in custody, process may be issued to bring him into court to receive sentence. § 162. (SEC. 153.) Judgment against defendant and sureties in district court. If the judgment of the justice is affirmed, or, upon any trial in the district court, the defendant is convicted, and any fine assessed, judgment shall be rendered for such fine, and costs in both courts, against the defendant and his sureties. 1 M. 181 (207). § 163. (SEC. 154.) Juror or witness in contempt, how proceeded against. In case any person summoned to appear before a justice, pursuant to the provisions of this title, as a juror or witness, fails to appear, or if any witness appearing refuses to be sworn or to testify, he is liable to the same penalties, and may be proceeded against in the same manner, as provided by law in respect to jurors and witnesses in justices' courts in civil actions. § 164. (SEC. 155.) Justice to make certificate of conviction. Whenever any conviction is had before a justice, he shall make a certificate of such conviction, under his hand, in which it shall be sufficient briefly to state the offence charged, and the conviction and judgment thereon, and, if any fine has been collected, the amount thereof. § 165. (SEC. 156.) Certificate to be filed in district court. Within twenty days after such conviction, the said justice shall cause such certificate to be filed in the office of the clerk of the district court of the county in which the conviction was had. § 166. (SEC. 157. Assaults, etc., how prosecuted. No assault, battery or affray is indictable; but all such offences shall be prosecuted and determined in a summary manner, by complaint made before a justice of the peace, and, on conviction thereof, the offender may be punished by fine not less than five dollars, nor more than one hundred dollars. $167. (SEC. 158.) Prevention and punishment of breach of peace-proceedings by justice of his own motion. If any justice of the peace has any knowledge that any of the offences mentioned in the last section are about to be committed, he shall issue his warrant, and proceed as is directed when complaint has been made; and if any such offence is committed, threatened or attempted in his presence, he shall immediately arrest the offender, or cause it to be done; and for this purpose no warrant or process is necessary, but the justice may summon to his assistance any sheriff, coroner or constable, and all other persons there present, whose duty it shall be to aid the justice in preserving the peace, arresting and securing the offenders, and all such as obstruct or prevent the justice or any of his assistants in the performance of their duty; and any person who, when summoned to aid in arresting and securing an offender, refuses to give such assistance, shall forfeit five dollars to the use of the county. § 168. (SEC. 159.) Proceedings on breach of recognizance. In case of the breach of any recognizance entered into in a criminal case, the same shall be certified and returned to the district court, to be proceeded in according to law. § 169. (SEC. 160.) Proceedings when trial shows want of final jurisdiction. If, in the progress of any trial before a justice, under the provisions of this title, it appears to the justice that he has not final jurisdiction in the case before him, and that the accused ought to be put upon his trial for an offence cognizable before the district court, the justice shall immediately stop all further proceedings before him, and proceed as in other criminal cases cognizable before the district court, $ 170. (SEC. 161.) Justice to summon necessary witnesses. In all cases arising under this title, the justice shall summon the injured party, and all others whose testimony is deemed material, as witnesses at the trial, and enforce their attendance by attachment, if necessary. $171. (SEC. 162.) Judgment on conviction-commitment-execution. In all cases of conviction under the provisions of this title, the justice shall enter judgment for the fine and costs against the defendant, and may commit him until the judgment is satisfied, or issue execution on the judgment to the use of the county: provided, that no justice shall commit a defendant, under the provisions of this section, for a longer period than three months. § 172. (SEC. 163.) Attendance of witnesses when trial is continued. When a trial under the provisions of this title is continued by the justice, it shall not be necessary for the justice to summon any witness who may be present to appear at the continuance; but the justice shall verbally notify such witnesses as either party may require, to attend before him to testify in the cause on the day set for trial. § 173. (SEC. 164.) Security required of complainant. The justice may require of the complainant to give security for costs, and, if he refuses, the justice may dismiss the complaint. § 174. (SEC. 165.) Fines, how collected and paid over. All fines imposed by a justice, if paid before the accused is committed, shall be received by the justice, and by him paid over to the county treasurer, within thirty days after the receipt thereof. § 175. (SEC. 166.) Same-when paid after commitment. If the accused is committed, payment of any fine imposed upon him shall be made to the sheriff of the county, who shall, within thirty days after the receipt thereof, pay over the same to the county treasurer. TITLE 15. FORMS OF WRITS, ETC., IN CRIMINAL PROCEEDINGS. § 176. (SEC. 167.) Schedule of forms to be used. The following forms may be used under the last title: State of Minnesota, ss. Form of Warrant. The State of Minnesota, To the sheriff or constable of said county: Whereas,.... ....has this day complained in writing to me, on oath, that..... ....did, on the......day of......, A. D. 18..., at......in said county (here insert the complaint whatever it may be,) and prayed that the said..... might be arrested and dealt with according to law; now, therefore, you are commanded forthwith to apprehend the said.... and bring him before me, to be dealt with according to law. Given under my hand, this......day of......, A. D. 18... J. P., justice of the peace. State of Minnesota,} Form of Certificate of Conviction. SS. At a justice's court, held at my office in said county, before me,... a justice of the peace in and for said county, for the trial of.... for the offence hereinafter stated, the said.. convicted of having, on the........day of.... ..of, &c., was A. D. 18...., at .in said county (here state the offence as in the warrant), and upon such conviction, the said court did adjudge and determine that the said ..should pay a fine of........dollars (and if imprisonment be allowed, add), and be imprisoned in the county jail........days (if the fine be paid, add), and the said fine has been paid to me. Given under my hand this........day of.......... A. D. 18.... J. P., justice of the peace. Form of Execution. 89. The State of Minnesota, To the sheriff or any constable of said county: Whereas, at a justice's court held at my office in said county, for the trial of ..., for the offence hereinafter stated, the said.. of, &c., was convicted of having, on the........day of.... A. D. 18.. in said county (here state the offence in the warrant), and, upon conviction, the said court did adjudge and determine that the said... pay a fine of.............. by the said... .....should ...........dollars; and whereas the said fine has not been paid these are therefore to command you to levy distress on the goods and chattels (&c., as in execution against the goods in civil cases.) Form of Order to bring up Prisoner. State of Minnesota,} County of SS. The State of Minnesota, To the keeper of the common jail of said county: The undersigned, one of the justices of the peace in and for said county, sitting at a court for the trial of.......... ...., now in your custody in the common jail of said county, doth hereby order and direct you to bring the said... ....forthwith before me, at my office in said county, together with the warrant by which he was committed to your custody, in order that he may be tried. Given under my hand, this... .....day of...... To any constable, and the keeper of the common jail of said county: Whereas, at a justice's court held at my office in said county, for the trial of... for the offence hereinafter stated, the said... of &c., was convicted of having, on the......day of........, A. D. 18...., in the said county; (here state the offence as in the warrant,) and, upon convic tion, the said court did adjudge and determine that the said .... should be imprisoned in the common county jail of said county for.. days; therefore, you, the said constable, are commanded forthwith to convey and deliver the said.... .to the said keeper; and you, the said keeper, are hereby commanded to receive the said..... ..into your custody, in the said jail, and him there safely keep until the expiration of said......days, or until he shall be thence discharged by due course of law. Given under my hand, this......day of......, A. D. 18.... J. P., justice of the peace. Form of Commitment, after Arrest and before Trial. State of Minnesota,} County of 88. The State of Minnesota, To the sheriff or any constable, and to the keeper of the common jail of said county: Whereas.... ..has been this day brought before the undersigned, one of the justices of the peace in and for said county, charged on the......day of ..., A. D. 18..., ..in said county, (here state the offence, as ...not having given bail to ap in the warrant,) and the said.. pear and answer for the said offence, therefore you, the said constable, are commanded forthwith to convey, and deliver into the custody of the said keeper, the body of the said.... .; and you, the said keeper, are hereby commanded to receive the said.. into your custody in the said jail, and him there safely keep, until he shall be required to be brought before the court to be tried, or shall be otherwise discharged by due course of law. Given under my hand, this....day of......, A. D. 18.... J. P., justice of the peace. Form of Commitment where Justice, on the Trial, shall find that he has not Jurisdiction of the Case. A. D. 18..... To the sheriff or any constable of said county: Whereas... ....of, &c., has been brought this day before the undersigned, one of the justices of the peace of said county, charged on the oath of. with having, on the..... ....day of ....in said county, committed the offence of (here state the offence charged in the warrant,) and, in the progress of the trial on said charge, it appearing to the said justice that the said...... ...had been guilty of the offence of (here state the new offence found on the trial,) committed at the time and place aforesaid, of which offence the said justice has not final jurisdiction; and whereas, after examination had, in due form of law, touching the said charge and offence last aforesaid, the said justice did adjudge that the said offence had been committed, and that there was probable cause to believe the said.. ...to be guilty thereof; and whereas the said...... .....has not offered sufficient bail for his appearance to answer for said offence, you are therefore commanded forthwith to take the said... and him convey to the common jail of said county, the keeper whereof is hereby required to detain him in custody, in said jail, until he shall be thence discharged according to law, Given under my hand, this... ...day of.........., A. D. 18.. .... J. P., justice of the peace. |