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492. Offense Committed in Two Counties-When a public offense is committed, partly in one county and partly in another county, or the acts or effects thereof constituting or requisite to the offense, occur in two or more counties, the jurisdiction is in either county. (5612 R. L. 1910)

Offense Committed Near Boundary of County-When a public offense is committed on the boundary of two or more counties, or within 500 yards thereof, the jurisdiction is in either county. (5613 R. L. 1910)

494. Jurisdiction in Certain Cases-The jurisdiction of an indictment or information:

First. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping him, with intent against his will, to cause him to be secretly confined or imprisoned in this State, or to be sent out of the State or from one county to another; or,

Second. For decoying or taking or enticing away a child under the age of 12 years, with intent to detain and conceal it from its parents, guardian, or other person having lawful charge of the child; or,

Third. For the inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of 21 years, for the purpose of prostitution; or,

Fourth. For taking away any female under the age of 16 years from her father, mother, guardian, or other person having the legal charge of her person without their consent either for the purpose of concubinage or prostitution.

Is in any county in which the offense is committed or into or out of which the person upon whom the offense was committed may, in the commission of the offense, have been brought, or in which an act was done by the defendant in instigating, procuring, promoting, aiding, or in being an accessory to the commission of the offense or in abetting the parties concerned therein. (5614 R. L. 1910)

495. Jurisdiction for Bigamy or Incest-When the offense either of bigamy or incest is committed in one county and the defendant is apprehended in another, the jurisdiction is in ether county. (5615 R. L. 1910)

496. Jurisdiction Where Stolen Property Is Moved-When property taken in one county by burglary, robbery, larceny, or embezzlement has been brought into another, the jurisdiction of the offense is in either county. But if, before the beginning of the trial of the defendant in the latter he be indicted or in

formation be filed against him in the former county the sheriff of the latter must, upon demand, deliver him to the sheriff of the former county, upon being served with a certified copy of the indictment or information, and upon a receipt indorsed thereon by the sheriff of the former county, of the delivery of the body of the defendant, and is, on filing the copy of the indictment and the receipt, exonerated from all liability in respect to the custody of the defendant. (5616 R. L. 1910)

Indictment need not allege that property was stolen in another county. Keith v. Terr., 8 Okla. 308.

497. Jurisdiction in Case of Accessory-In the case of an accessory in the commission of a public offense, the jurisdiction is in the county where the offense of the accessory was committed, notwithstanding the principal offense was committed in another county. (5617 R. L. 1910)

498. Conviction or Acquittal a Bar-When an act charged as a public offense is within the jurisdiction of another territory, county or state, as well as this State, a conviction or acquittal thereof in the former is a bar to a prosecution therefor in this State. (5618 R. L. 1910)

499. Same-When an offense is in the jurisdiction of two or more counties a conviction or acquittal thereof in one county is a bar to a prosecution thereof in another. (5619 R. L. 1910) 500. Prosecution for an Escape-The jurisdiction of a prosecution for escaping from prison is in any county of the State. (5620 R. L. 1910)

501. Stolen Property Brought Into State-The jurisdiction cf a prosecution for stealing in any state or county, or other territory, the property of another, or receiving it, knowing it to have been stolen, and bringing the same into this State, is in any county into or through which such stolen property has been brought. (5621 R. L. 1910)

For Murder or Manslaughter-The jurisdiction of a prosecution for murder or manslaughter, when the injury. which caused the death was inflicted in one county, and the party injured dies in another county, or out of the State, is in the county where the injury was inflicted. (5622 R. L. 1910)

503. When Principal Was Not Present-The jurisdiction of a prosecution against a principal in the commission of a public offense, when such principal is not present at the commission of the public offense, is in the same county as it would be under this article if he were so present and aiding and abetting therein. (5623 R. L. 1910)

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504. Right of Jury Trial-In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury of the county in which the crime shall have been committed. (Sec. 20, Art. 2, Const.)

A person prosecuted under a city ordinance for an offense which is also a misdemeanor by statute or an ordinance, the punishment for a violation of which is or may be imprisonment, is entitled to a jury trial in the court of original jurisdiction. Ex parte Johnson, 13 Okla. Cr. 30, 161 P. 1097; Ex parte McAlester, 13 Okla. Cr. 47, 161 P. 1176; Ex parte Monroe, 13 Okla. Cr. 62, 162 P. 233; Ex parte Doza, 13 Okla. Cr. 287, 164 P. 130; Ex parte Gownlock, 13 Okla. Cr. 293, 164 P. 130; Ex parte Mitchell, 13 Okla. Cr. 295, 164 P. 134; Franks v. City of Muskogee, 14 Okla. Cr. 391, 171 P. 492.

505. Right of Jury Trial-The right of trial by jury shall be and remain inviolate and a jury for the trial of civil and criminal cases in courts of record, other than county courts, shall consist of twelve men; but, in county courts and courts not of record, a jury shall consist of six men. (Sec. 19, Art. 2, Const.)

506. Waiver of Jury-In all issues of fact joined in any court, all parties may waive the right to have the same de

termined by jury; in which case the finding of the judge upon the facts shall have the force and effect of a verdict by jury. (Art. 7, Sec. 20, Const.)

Jury cannot be waived for the trial of a criminal case which was triable by the common law, unless permitted by Const. or statute. In re McQuown, 19 Okla. 347, 91 P. 689; Queenan v. Terr., 11 Okla. 261. 507. Panel Defined-The panel is a list of jurors returned by a sheriff, to serve at a particular court, or for the trial of a particular action. (5840 R. L. 1910)

508. Jury May Also Be on Civil Panels-The jurors duly drawn and summoned for trial of civil actions may also be the jurors for the trial of criminal actions. (5825 R. L. 1910)

509. Trial Jury-How Formed-Trial juries for criminal actions may also be formed in the same manner as trial juries in civil actions. (5826 R. L. 1910)

510. Clerk to Prepare Ballots-At the opening of the court the clerk must prepare separate ballots containing the names of the persons returned as jurors, which must be folded as nearly alike as possible, and so that the same cannot be seen, and must deposit them in a sufficient box. (5827 R. L. 1910) 511. Challenges Classed-A challenge is an objection made to the trial jurors, and is of two kinds:

First. To the panel.

Second. To an individual juror. (5838 R. L. 1910)

512. Challenge Panel-A challenge to the panel is an objection made to all the trial jurors returned, and may be taken by either party. (5841 R. L. 1910)

513. When Several Defendants-When several defendants are tried together they cannot sever their challenges, but must join therein. (5839 R. L. 1910)

Defendants must join in challenges. Cochran et al. v. U. S., 14 Okla. 108.

514. Cause for Challenge-A challenge to the panel can be founded only on a material departure from the forms prescribed by law, in respect to the drawing and return of the jury, or on the intentional omission of the sheriff to summon one or more of the jurors drawn, from which the defendant has suffered material prejudice. (5842 R. L. 1910)

Remarks of judge to jurors held no ground for challenge to panel. Challenge to panel can only be based on grounds stated in this section. Pate v. State, 15 Okla. Cr. 90, 175 P. 122.

515. When Taken-A challenge to the panel must be taken before a jury is sworn, and must be in writing, specifying

plainly and distinctly the facts constituting the ground of challenge. (5843 R. L. 1910)

516. Issue on the Challenge-If the sufficiency of the facts alleged as a ground of challenge be denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered upon the minutes of the court, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true. (5844 R. L. 1910)

517. Challenge and Exception May Be Amended or Withdrawn-If, on the exception, the court deem the challenge sufficient, it may, if justice require it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception be allowed the court may, in like manner, permit an amendment of the challenge. (5845 R. L. 1910)

518. When Challenge Denied-If the challenge is denied the denial may, in like manner, be oral, and must be entered upon the minutes of the court, and the court must proceed to try the questions of fact. (5846 R. L. 1910)

519. Trial of Challenge-Upon the trial of the challenge the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be, examined to prove or disprove the facts alleged as ground of challenge. (5847 R. L. 1910)

520. Challenge for Bias of Officer-When the panel is formed from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juror. Such challenge must be made in the same form, and determined in the same manner as if made to a juror. (5848 R. L. 1910)

521. Procedure on Decision of Challenge-If, upon an exception to the challenge, or a denial of the facts, the challenge be allowed, the court must discharge the jury, and another jury can be summoned for the same term forthwith from the body of the county or subdivision; or the judge may order a jury to be drawn and summoned in the regular manner. If it be disallowed, the court must direct the jury to be impaneled. (5849 R. L. 1910)

522. Names of Panel Called, When-When the case is called for trial, and before drawing the jury, either party may require

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