issued the warrant. A policeman, constable, sheriff, or any other peace officer may make the arrest ("serve the warrant"), and bring the felon before the proper magistrate for trial. In making the arrest the officer may call upon any persons to assist him, may break into a building, or may kill the felon if necessary. By "necessary " is meant self-defence or prevent ing the escape of one who has committed a felony.

Arrest of Misdemeanants. A private person may arrest another without a warrant to quell a breach of the peace in his presence, but he may not arrest one to prevent any other misdemeanor; nor may he arrest one for any misdemeanor already committed. A peace officer may arrest without a warrant for a breach of the peace committed in his presence, but for no other misdemeanor. The same magistrates who issue warrants for felons may issue them for misdemeanants, and arrests are made by the same officers in the same manner except that an officer is never justified in killing a misdemeanant fugitive, though of course he has the right of self-defence.

The Commitment. After the accused is arrested he is brought before the magistrate, usually the justice of the peace, except in cities where there is a special police justice, or in towns in which the mayor has the powers of a justice. If the crime is a misdemeanor the accused is likely tried at once. If the crime is a felony the magistrate gives the accused a preliminary hearing, and when the evidence indicates a probability of guilt the accused is held for the grand jury. If the crime is murder the accused is usually committed to jail, but otherwise, unless his being at large is considered especially dangerous, he is released until the grand jury meets, provided he can give bail.1

The Indictment. The prosecuting attorney, called state's attorney or district attorney in some States, investigates the

1 Bail (Old French bail-a guardian) is the guarantee that an accused person will appear for trial if allowed to go at large. It is a sum of money, depending upon the character of the charge, and is determined by a judge or special bail officer. The cash, or good security, may be furnished by a friend or by the accused himself if he possesses the amount required.

evidence against such persons as the committing magistrates have held for the grand jury, or against any other persons whose probable guilt has been brought to his attention. If he thinks there is evidence against any such person which will probably convict, he draws up a bill of indictment, a written document stating the charge, and has witnesses summoned for the grand jury.

If a certain majority of the grand jury, which majority varies from State to State, thinks there is sufficient evidence to warrant a court trial, the foreman writes across the face of the indictment the words, "a true bill" (of indictment), and the indicted person must stand trial in court. If the prescribed majority does not think that the evidence justifies a trial the words "not a true bill" are used, and the accused is discharged, if he has already been committed.

The Trial. The justice's court usually has original jurisdiction in misdemeanor cases, and here the trial is very informal because justices of the peace are not usually lawyers and must depend upon what untrained minds can glean from a volume of statutes compiled for their use. With few excep

tions an appeal may be taken to the county or superior court in criminal cases.

In felony cases sent to the county or superior trial court by the grand jury the prisoner appears in the custody of the sheriff, deputy-sheriff, or some like officer who perhaps bears a different title. In misdemeanor cases sent from the grand jury or appealed from a justice of the peace the prisoner need not appear in person. He often prefers to leave his case to an attorney. But a felony case cannot proceed unless the accused is present.

The prisoner is charged with committing a crime against the State1 and is prosecuted by the prosecuting (state's) attorney

1 For a great many acts a person may be proceeded against criminally by the State because he has disturbed the peace of the community generally, and also in a civil action by a person because the latter has been injured individually. For instance, if I libel you by an unlawful malicious publication

of the county. The clerk of the court reads the indictment or presentment to the prisoner, who pleads "guilty" or "not guilty." If he pleads guilty, and is of a sound mind, the judge usually pronounces the sentence according to the State law, and the case ends. But if he pleads not guilty he is entitled to a trial by jury if he desires it, and in some States one accused of a felony is obliged to stand trial by jury. If the prisoner cannot afford an attorney the judge appoints a lawyer, commonly a young inexperienced one, to defend him. In most States this attorney is paid a small fee by the State.

There are usually about twice as many persons summoned as are needed for the jury, but when the court meets, the counsel may challenge a certain number, which is limited by law, without giving any cause, and the judge will excuse such veniremen. Then the counsel may challenge any other veniremen for cause, such as relationship to the parties to the suit or some other reason why they might not give an impartial decision; if it is a murder trial, because they do not believe in capital punishment.1

If others are challenged, the judge, in some States, may have the sheriff summon by-standers (talesmen), whereas in other States a new list must be prepared as the former one was and this procedure must continue until the prescribed number of suitable men are empaneled, that is, secured to serve.2

and thereby injure your good name you can sue me for money damages; if my libeling you causes a breach of the peace I have also committed a crime and may be punished by the officers of the State in the name of the State because the entire State is injured by lawless people who break the peace.

1 In some States unsatisfactory laws or inefficient judges often permit the lawyers to ask every conceivable question in order to determine whether the jurors hold any opinions which would cause them to be prejudiced in the case. For example, after the Iroquois Theatre fire in Chicago, in which so many people lost their lives, the Theatre Company was being sued, and the counsel for the company asked the prospective jurors such questions as these: "What paper do you read? Do you believe in card playing? Dancing? Theatre going? Have you any prejudices against city people? Have you ever had a friend killed in a fire?"

2 In the famous Gillooley murder case (1878) in Indiana, 4150 veniremer

After the case is opened the witnesses for the State and for the prisoner are examined and cross-examined, arguments are delivered by the attorneys for each side, and the judge gives the instructions to the jury explaining the law governing the case. (In Virginia the instructions precede the arguments.)

The jury then retires to consider the evidence of the case and arrive at a decision. If the jury cannot agree the foreman reports "no agreement": if the requisite number agree, usually all in an important criminal case, he reports "guilty” or “not guilty." If guilty, the jury usually determines the punishment in its verdict, which is read by the clerk of the court, and the judge pronounces the sentence. If the penalty is merely a fine, this is paid to the clerk; if more than a fine the sheriff takes charge of the prisoner, who is taken to jail to serve his term, or until he can be transferred to the penitentiary, executed, or disposed of according to the sentence. If there has been a disagreement ("a hung jury ") the case is either set for a new trial or dismissed.

If the verdict has been "guilty," the prisoner may petition for an appeal to a higher court on the ground that the verdict is not according to the law, or to the evidence, or that some error has been committed in the trial. If the appeal is granted and is sustained the higher court will order the lower court to hold a new trial; but if no error is found the appeal is dismissed and the order of the lower court stands.

BIBLIOGRAPHY

Copies of warrants of arrest, indictments, subpoenas, summonses, etc.

QUESTIONS ON THE TEXT

1. What is the difference between a civil suit and a criminal suit? 2. If you sue for a sum of money do you sue at law or in equity?

were summoned and nine and a half weeks were required to complete the jury. Recently 91 days were required to select a jury in a certain California case.

1 In many States the judge determines the punishment after the jury has determined the guilt.

3. If you want to prevent the commission of a wrong which cannot be remedied after once committed would you bring suit at law or

in equity?

4. Explain just how a suit at law proceeds. What do you mean by plaintiff? Defendant? Verdict? Judgment?

5. Explain just how a suit in equity proceeds. What is a master in chancery? Decree? What are depositions?

6. What is a crime? Are all crimes wrong in themselves? If not, why are they considered crimes?

7. Crimes are of what two degrees? What distinguishes them in many States?

8. What is Murder in the First Degree? Murder in the Second Degree? Manslaughter? Arson? Burglary? Robbery? Larceny? Grand Larceny?

9. Who may arrest felons?

10. What is a warrant? Is it necessary to have a warrant to arrest a felon? Who serves a warrant? May he call upon by-standers to assist him?

11. May a peace officer without a warrant arrest one who has committed a misdemeanor?

12. Who usually tries a criminal and commits him to jail when he is first arrested?

13. What do you mean by giving bail?

14. Who draws up bills of indictment to present to the grand jury? 15. Describe a jury trial.

16. What do you mean by instructions?

17. By whom is the law governing a case decided? The facts? 18. What is meant by a “hung jury"?

19. Describe a court in session.

QUESTIONS FOR DISCUSSION

1. In New York City a thief stole a plume worth $57, but proved that it was marked down to $49.50 the day he stole it; hence his offence was merely a misdemeanor, whereas it would have been a felony if he had stolen goods valued for as much as $50. -It pays to know the law. - What crime did this thief commit?

2. In the eighteenth century nearly 200 crimes were punishable by death in England. A death penalty was prescribed for stealing a handkerchief. The people and even the judges ceased believing in the