1643. Place of trial.-2. Every criminal action shall be tried publicly in the county in which the offense shall have been committed, except as otherwise provided in this act.

1644. Provocation-Place of trial.-3. Prosecutions against any person for the offense of criminal provocation, when the same are brought before a justice of the peace or city judge, shall be tried in the township where the defendant resides, or where the offense was committed: Provided, however, That changes of venue may be taken as in other cases. 1645. Crime consummated in state.-4. Every person being without this state, committing or consummating an offense by an agent or means within the state, is liable to be punished by the laws thereof, in the same manner as if he were present, and had commenced and consummated the offense within the state.

See section 1658.

See section 1866 for section 1645, Burns' R. S. 1901, providing for the punishment of persons in this state who aid the commission of offenses in other states.

1646. Dueling-Without the state.-5. Any person leaving this state to fight a duel, or to be concerned as a second therein or in any other capacity out of this state, may be punished in the county of his residence in the state, in the same manner as if the duel had been contemplated and fought, and the results thereof had terminated therein. And when any person, by previous appointment made within this state, fights a duel without this state, and, in so doing, inflicts a mortal wound upon any person who dies from the effects thereof in this state, the jurisdiction is in the county where such death shall happen. Challenge, giving or accepting, section 2079. Fighting duel, section 2080.

1647. On water-craft.-6. When an offense is committed in this state or on the boundary thereof, on board a boat or vessel navigating a river, lake or canal, or lying therein, the jurisdiction is in any county within or opposite to which the offense was committed.

1648. Ohio and Wabash rivers.-7. The proper courts of the several counties in this state bordering on the Ohio river, and on the Wabash river as far up as said river forms the boundary line between this state and the state of Illinois, shall have jurisdiction of all offenses committed against the penal laws of this state on said rivers opposite to said counties respectively.

See notes to section 1648, Burns' R. S. 1901.

The states of Indiana and Kentucky have concurrent jurisdiction over the Ohio river where such river constitutes the boundary line between such states. Wedding v. Meyler, 192 U. S. 573.

1649. On or near county line.-8. When a public offense has been committed partly in one county and partly in another, or the act or effects

constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in any one of such counties. See notes to section 1649, Burns' R. S. 1901.

1650. Lynching-Overt acts.-9. In case any persons shall come together in any county in this state for the purpose of proceeding to another county in the state, with the view of lynching any person; or in case any person or persons shall purchase or procure any rope, weapon or other instrument in one county for the purpose of being used in lynching any person in another county, such crime of lynching, if committed, shall be and constitute a continuous offense from the time of its original inception, or "from the time of so coming together, or so purchasing or procuring such rope, weapon or other instrument" as aforesaid; and the courts of any county in which any such overt act shall have been committed shall have jurisdiction over the person of any member of the mob committing such overt act, and such person may be prosecuted in such county and punished the same as if the lynching had occurred therein.

1651. Stolen property brought into county.-10. When property taken in one county by burglary, robbery, larceny or embezzlement, has been brought into another county, the jurisdiction is in either county.

See notes to section 1650, Burns' R. S. 1901.

1652. Receiver of stolen property.-11. When any person is liable to prosecution as the buyer, receiver, concealer, or aider in the concealment, of personal property that has been feloniously stolen, taken, obtained by false pretense, or embezzled in any county, or state or territory of the United States, or foreign country, he may be prosecuted or indicted in any county in this state where he bought, received, concealed, aided in concealing, or had such property, notwithstanding the theft, false pretense or embezzlement was committed in another county. or state or territory of the United States, or foreign country.

1653. Mortal wound or poison.-12. If any mortal wound be given. or poison administered in one county, and death, by means thereof, ensue in another, the jurisdiction is in either county.

See notes to section 1652, Burns' R. S. 1901.

1654. Kidnapping-Enticing female-Concealing children.-13. The jurisdiction of the following cases is in any county in which the offense was committed, or into or out of which the person upon whom the offense was committed has been brought:

First. For unlawfully and forcibly or fraudulently taking, inveigling or kidnapping any person, or for aiding or abetting therein.

Second. For taking or enticing away any female, for the purpose of prostitution.

Third. For taking, decoying or enticing away a child under the age of

fifteen years, with intent to detain and conceal it from its parents, guardian or other person having lawful charge of the child.

1655. Transporting game.-14. Prosecutions against any railroad company, express company, common carrier or person, for transporting game or birds in violation of law, may be had in any county where such game or birds shall have been received for transportation, or into which they may come for the purpose of, or during the course of, such transportation.

1656. Libel by publication.-15. When the offense of libel is committed, by publication, in this state, against any person, the jurisdiction. is in any county where the libel is published or circulated by the accused. In no case, however, can the accused be prosecuted for the publication of the same libel in more than one county of this state.

1657. Judgment in another state.-16. When an act charged as a public offense is within the jurisdiction of another state, territory or country, as well as within the jurisdiction of this state, a conviction or acquittal thereof in the former is a bar to a prosecution or indictment therefor in this state.

. 1658. Crime consummated outside state.-17. Whoever with firearms, or by sending poison or other thing, or by other means, kills or injures any person in another county, state, territory or country; or whoever gives a mortal blow or wound to any person who dies in another county, state, territory or country, shall be tried and punished in the county where the offender was at the time the poison or other thing was sent, or the force was used, or the wound or injury was inflicted.

See section 1645.

1659. Treason commenced in state.-18. When the overt act of treason shall have been commenced in this state, and consummated within the limits of any other state, territory or country, the person charged therewith may be tried and convicted in any county in this state in which the treasonable acts charged shall have been commenced or committed.

[Acts 1905, p. 584. In force April 15, 1905.]

1660. Treason-Murder-Arson-Kidnapping.-19. Prosecutions for treason, murder, arson and kidnapping may be commenced at any time after the commission of the offense.

See sections 1661-1666, Burns' R. S. 1901.

False representations as to fruit trees, limitation, section 2307.

Criminal actions are deemed commenced so as to bar .the running of the statute of limitations from the time indictments are returned by the grand jury, the case of Flick v. State, 22 App. 550, being disapproved. Gardner v. State, 161 Ind. 262.

1661. Incest-Rape-Robbery-Grand Larceny.-20. Prosecutions for incest, rape, robbery, grand larceny, and for knowingly receiving stolen goods, may be commenced at any time within five years after the commission of the offense.

1662. Sabbath desecration.-21. Prosecutions for the desecration of the Sabbath day must be commenced within six months after the commission of the offense.

See notes to section 1663, Burns' R. S. 1901.

1663. Fine not exceeding $3.-22. Prosecutions for an offense must. be commenced within sixty days after its commission where the penalty cannot exceed a fine of three dollars.

1664. Other cases.-23. In all other cases; prosecutions for an offense must be commenced within two years after its commission. But prosecutions for the forgery of an instrument for the payment of money, or for the uttering of such forged instrument, may be brought within two years after the maturity thereof.

See Acts 1903, p. 281; and notes to section 1665, Burns' R. S. 1901.

A prosecution for wife desertion must be commenced within two years after the husband deserts his wife. State v. Langdon, 159 Ind. 377.

1665. Party absent or concealed.-24. If any person who has committed an offense, thereafter is absent from the state, or so conceals himself that process cannot be served upon him, or conceals the fact that the offense has been committed, the time of absence or concealment is not to be included in computing the period of limitation.

See notes to section 1666, Burns' R. S. 1901.

[Acts 1905, p. 584. In force April 15, 1905.]

1666. From another county.-25. If any person, having committed a crime in one county, shall be found in another, any justice of the peace within the county wherein such fugitive may be, shall, on the oath of any person charging such fugitive with such crime, either directly, or on the belief of the affiant, issue his warrant, and cause such fugitive to be arrested and brought before him; and, after evidence heard, if, in the opinion of such justice, the proof or [of] presumption is strong as to the guilt of the person charged, such justice shall issue his warrant to some constable or sheriff to convey such fugitive to the county in which he committed the offense charged against him, and deliver him. to any justice in such county, together with the warrant of the justice. before whom the said fugitive was examined. And it shall be the duty of such justice to whom the fugitive shall be delivered, to cause him to be committed to the custody of some constable or sheriff of the county for safe keeping, and to summon, forthwith, the person against whose person or property the said offense shall have been committed, or some witness thereto; and such justice shall, on the examination, be governed in all respects as though such affidavit had been filed with him in the first instance. And the constable who shall convey such fugitive from the county where he was first arrested to the county in which the offense was committed shall receive the same fees for such service as are by law allowed to sheriffs for like services, and subject to the same rules and conditions. The justice shall transmit by the constable a copy of the affidavit and proceedings had before him, and the same shall be delivered to the justice of the county in which the offence was committed.

See sections 1667-1674k, Burns' R. S. 1901, and notes.

1667. From another state-Warrant.-26. Upon the demand of the executive authority of any state or territory of the United States upon the governor of this state, to surrender any fugitive from justice from such state or territory, pursuant to the constitution and laws of the United States, he shall issue his warrant, reciting the fact of such demand and the charge upon which it is based, with the time and place of the alleged commission of the offense, directed generally to any sheriff or constable of any county of this state, commanding him to apprehend such fugitive and bring him before the circuit, superior or criminal court or judge of this state nearest or most convenient of access to the place at which the arrest may be made; and such warrant may be executed by any sheriff or constable in this state, in his own county or in any other county in this state.

See notes to section 1669, Burns' R. S. 1901.

1668. Identity of person.-27. The court or judge before whom such alleged fugitive shall be brought shall proceed, by the examination of witnesses, to ascertain if the person apprehended be the fugitive. demanded, and mentioned in the warrant of the governor of this state;