$12,000 00 To pay jurors' and witnesses' fees in the 350 00 To Warren N. Dusenberry for legal services rendered, For fuel, lights, stationery, postage, furniture and incidental expenses for the Auditor's, Treasurer's Brand Recorder's office and Library room, for the years 1878 and '79, $500.00 each year, 1,000.00 Approved February 22, 1878. $59,122.02 CRIMINAL PROCEDURE. AN ACT regulating the Mode of Procedure in Crim inal Cases. No person pun ishable but on Preliminary Provisions. Section 1. Enacting clause. 2. No person punishable but on legal conviction. 3. Public offenses, how prosecuted. 4. Criminal action defined. 5. Parties to a criminal action. 6. The party prosecuted known as defendant. 7. Rights of defendant in a criminal action. 8. Second prosecution for the same offense prohibited. 9. No person compelled to be a witness against himself in a criminal action or to be unnecessarily restrained. 10. No person to be convicted but upon verdict or judg.nent. SEC. 1.-Be it enacted by the Governor and the Legislative Assembly of the Territory of Utah:That, the mode of procedure in Criminal Cases in the Courts in this Territory shall be as prescribed in this Act. SEC. 2.-No person can be punished for a public legal conviction offense, except upon a legal conviction in a Court having legal jurisdiction thereof. Public offenses, SEC. 3.-Every public offense must be prosehow prosecuted. cuted by indictment, except: Offenses triable in Criminal action defined. Parties to a Justices' and Police Courts. SEC. 4. The proceeding by which a person charged with a public offense is accused and brought to trial and punishment, is known as a criminal action. SEC. 5.-A criminal action is prosecuted in the criminal action. name of the people of the Territory of Utah, as a party, against the person charged with the offense. SEC. 6. The party prosecuted in a criminal ed known as de-action is designated in this Code as the defendant. Party prosecut fendant. SEC. 7.-In a criminal action the defendant is entitled: 1-To a speedy and public trial; 2-To be allowed counsel as in civil actions, or to appear and defend in person or with counsel; 3-To produce witnesses on his behalf, and to be confronted with the witnesses against him, in the presence of the Court, except that where the charge has been preliminarily examined before a committing Magistrate and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness; or where the testimony of a witness on the the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like. manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the Court that he is dead or insane, or cannot, with due diligence, be found within the Territory. fendant in a Rights of de criminal action. Second prosecution for the same offense pelled to be a SEC. 8.-No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted. prohibited. SEC. 9.-No person can be compelled, in a criminal action, to be a witness against himself; nor can a person charged with a public offense be subjected, before conviction, to any more restraint than is or to be unnecnecessary for his detention to answer the charge. No person comwitness against criminal action himself in a essarily restrained. No person to upon a verdict SEC. 10. No person can be convicted of a public offense unless by the verdict of a jury, accepted be convicted but and recorded by the Court, or upon a plea of guilty, or judgment. or upon judgment against him upon a demurrer to the indictment or misdemeanor upon a judgment of a Police or Justices' Court, a jury having been waived. TITLE I. Of the Prevention of Public Offenses. CHAPTER I. II. III. Of Lawful Resistance. Of the intervention of the Officers of Security to keep the peace. IV. Police in Cities and Counties and their attendance at exposed places. V. Suppression of Riots. CHAPTER I. OF LAWFUL RESISTANCE. Section II. Lawful resistance, by whom made. SEC. 11.-Lawful resistance to the commission Lawful resist of a public offense may be made: ance, by whom made. 1-By the party about to be injured; SEC. 12.-Resistance sufficient to prevent the By the party, offense may be made by the party about to be injured: and to what ex tent. 1-To prevent an offense against his person, or his family, or some member thereof; 2-To prevent an illegal attempt by force to take or injure property in his lawful possession. SEC. 13. Any other person, in aid or defense By other part of the person about to be injured, may make resistance sufficient to prevent the offense. ties, cases. in CHAPTER II. OF THE INTERVENTION OF THE OFFICERS OF JUSTICE. Section 14. Intervention of officers, in what cases. 15. Persons acting in their aid justified. SEC. 14. Public offenses may be prevented by Intervention of the intervention of the officers of justice: 1-By requiring security to keep the peace; 2-By forming a police in cities or counties and by requiring their attendance in exposed places; 3-By suppressing riots. officers, in what cases. in aid of officers SEC. 15. When the officers of justice are authorized to act in the prevention of public offenses, Persons acting other persons, who, by their command, act in their justified. aid, are justified in so doing. CHAPTER III. SECURITY TO KEEP THE PEACE. Section 16. Information of threatened offense. 17. Examination of complainant and witnesses. 19. Proceedings on charges being controverted. 22. Effect of giving or refusing to give security. 23. Person committed for not giving security, how discharged. 24. Undertaking to be filed in Clerk's office. 25. Security, when required for assault committed in the presence of a Court or Magistrate. 26. Undertaking, when broken. 27. Undertaking, when and how to be prosecuted. 28. Evidence of breach. 29. Security for the peace not required, except in accordance with this SEC. 16.-An information may be laid before any of the Magistrates mentioned in Section 56, Information of that a person has threatened to commit an offense fense. against the person or property of another. |