be liable to trial by indictment or affidavit, or to punishment for such misdemeanor.

See notes to section 1869, Burns' R. S. 1901.

1879. Experts as to writing.-238. Persons of skill may be called to testify touching the genuineness of a note, bill, draft or certificate of deposit, or other instrument of writing; but three witnesses at least shall be required to prove the fact of genuineness, except in the case of a larceny thereof. The single evidence of the cashier of the bank purporting to have issued such instrument may be received as, and deemed, prima facie evidence of such genuineness.

See notes to section 1870, Burns' R. S. 1901.

1880. Confession. -239. The confession of a defendant made under inducement, with all the circumstances, may be given in evidence against him, except when made under the influence of fear, produced by threats or by intimidation or undue influences; but a confession made under inducement is not sufficient to warrant a conviction without corroborating evidence.

See notes to section 1871, Burns' R. S. 1901.

Voluntary confessions made by an accused under arrest are admissible in evidence. Ginn v. State, 161 Ind. 292.

1881. General moral character. 240. In all questions affecting the credibility of a witness, his general moral character may be given in evidence.

See notes to section 1872, Burns' R. S. 1901.

1882. Discharge of defendant to testify.--241. When two or more persons are included in one prosecution, the court may, at any time before a defendant has gone into his defense, direct him to be discharged, that he may be a witness for the state. A defendant may also, when there is not sufficient evidence to put him on his defense, at any time before the evidence is closed, be discharged by the court for the purpose of giving testimony for a co-defendant. The order of discharge shall be a bar to another prosecution for the same offense. See notes to section 1873, Burns' R. S. 1901.

1883. Depositions.-242. A defendant, by leave of court or by written notice to the prosecuting attorney, may take the depositions of witnesses residing within or without the state, to be read on the trial; and the request of the defendant for such leave of court, or the giving by him of such notice to the prosecuting attorney, shall be deemed a waiver of his constitutional right to object to the taking of depositions of witnesses by the state, relative to the same matter, to be read on the trial: Provided, That leave to take such depositions be given

the state, or notice of the taking of such depositions be given to the defendant by the prosecuting attorney.

See notes to section 1874, Burns' R. S. 1901.

1884. Rape-Proof.-243. In prosecutions for rape, proof of penetration shall be sufficient evidence of the commission of the offense. See notes to section 1875, Burns' R. S. 1901.

Penetration on a charge of rape may be proven by inference and need not be proven by unambiguous evidence. Bradburn v. State, 162 Ind. 689.

1885. Seduction-Proof.-244. In prosecutions for seduction, and for enticing and taking away a female for the purpose of prostitution, the evidence of the female must be supported by at least one other witness, or by strong corroborating circumstances as to every material point necessary to the commission of the offense.

See notes to section 1876, Burns' R. S. 1901.

In prosecutions for seduction the evidence of the female must be corroborated to the extent required as to the principal witness in cases of perjury. Hinkle v. State, 157 Ind. 237.

1886. Receiving stolen goods-Proof.-245. In any prosecution for the offense of buying, receiving, concealing, or aiding in the concealing of any stolen property, it shall not be necessary, on the trial thereof, to prove that the person who stole such property has been convicted. See notes to section 1877, Burns' R. S. 1901.

1887. Written instruments Chattels.-246. Bonds, promissory notes, bank notes, bills of exchange, or other bills, orders, drafts, checks or certificates, for or concerning money or property due or to become due or to be delivered, any deed or writing containing a conveyance of land, or any valuable contract in force, or any receipt, release or defeasance, or any other written instrument, whatever, shall be considered as personal goods, of which larceny may be committed. See notes to section 1878, Burns' R. S. 1901.

1888. Treason-Proof.-247. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or upon his confession in open court.

1889. Highways-Obstruction-Proof.-248. In any prosecution for obstructing a highway, or for neglecting to keep a highway in good repair, it shall be sufficient to prove that it is used and worked as such.

See notes to section 1880, Burns' R. S. 1901.

1890. Trespass to lands.-249. In any prosecution for trespass or injury to lands of this state or of the United States, or to the lands

of non-residents of this state, or for a violation of any law of this state with respect to them, it shall be prima facie evidence of the ownership of such lands to prove that such lands are reputed, in the neighborhood where such lands lie, to belong to the state or to the United States or to be non-resident's lands.

1891. Public contracts.-250. In all prosecutions against officers for having an interest in public contracts, any contractor with any state officer, or with any appointee or agent of such officer, or with any county, township, town or city officer, or appointee of the same, shall be compelled to testify against the officer of such state, county, township, town or city; and such officers or their appointees or agents shall be compelled to testify against any contractors therewith; but such evidence shall not be used against the party testifying, in any prosecution against himself, and the person thus testifying shall be exempt from prosecution or punishment for such offense.

See notes to section 1882, Burns' R. S. 1901.

1892. Transporting game.-251. The possession by any railroad. company, express company, common carrier or person, of any game or birds marked or labeled for any point beyond the limits of this state, or which shall be shown by any way-bill, bill of lading or shipping book, to be intended for delivery at any place beyond the limits of this state, shall be prima facie evidence of the violation of the provisions of law with respect to the transportation of game or birds.

1893. Gaming house.-252. It shall be sufficient evidence that any building or other place was rented for the purpose of gaming, if such gaming was actually carried on, and the owner or lessor thereof knew or had good reason to believe that the lessee suffered any gaming therein, and such owner or lessor took no sufficient means to prevent or restrain the same.

See notes to section 1884, Burns' R. S. 1901.

1894. Evidence in civil suit for fraud. 253. The evidence of any person in any civil action disclosing fraud as against creditors shall not be used against such person in any criminal prosecution for committing such fraud.

1895. Embezzlement by officer.-254. Any failure or refusal to pay over, or to produce public money, or any part thereof, by any officer or other person charged with the collection, receipt, transfer, disbursement, or safe keeping of the public money, or any part thereof, whether belonging to the state, or to any county, civil or school township, municipal corporation, or any other public money whatever, or to account to or make settlement with any proper and legal authority of the official accounts of such officer or person, shall be prima facie evidence of the embezzlement thereof; and upon the trial of any such officer or person for the embezzlement of public money, it shall be sufficient evidence, for the purpose of showing a balance against him, to produce

a certified transcript from the books of the auditor of state, or the auditor of the county, or the records of the board of commissioners of the county showing such balance; and the refusal of any such officer or person, whether in or out of office, to pay any draft, order or warrant drawn upon him by the proper officer for any public money in his hands, no matter in what capacity the same was received or is held by him, or any refusal by any such person or public officer to pay over to his successor any public money or securities promptly, on the legal requirement of any authorized officer of the state or county, shall be taken, on the trial of an indictment or affidavit against him for embezzlement, as prima facie evidence of such embezzlement. See notes to section 1886, Burns' R. S. 1901.

1896. Testimony of convict.-255. When it is necessary to procure the testimony of a person confined in the state prison, women's prison, or in any workhouse, jail or reformatory institution, on the trial of any issue upon an indictment or affidavit, or upon any hearing before a grand jury, the court, or the judge in vacation, may order a subpœna to be issued, directed to the warden of such state prison, or the superintendent or keeper of such workhouse, women's prison, jail or reformatory institution, commanding him to bring the witness named in the subpoena before the court.

1897. Keeper to bring witness.-256. Such warden, superintendent, or keeper upon receiving such subpoena, shall take such witness, or cause him to be taken, before the court, at the time and place named in the subpoena, and hold him until he is discharged by the court. When so discharged such witness shall be returned, in the custody of the officer, to the place of imprisonment from which he was taken; and such officer may command such assistance as he deems proper for the safe transportation of the witness.

1898. Convict witness-How kept.-257. When such witness is in attendance upon any court, he may be placed, for safe keeping, in the jail of the county. The county in which the offense was alleged to have been committed shall pay the actual and necessary expense of producing, keeping and returning such witness.

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

1899. Trial by court or jury.-258. The defendant and prosecuting attorney, with the assent of the court, may submit the trial to the court. All other trials must be by jury.

See sections 1890-1908, Burns' R. S. 1901, and notes.

1900. Joint felony-Separate trial.-259. When the indictment or affidavit is for a felony charged against two or more defendants jointly, any defendant requiring it, before the jury is sworn, must be tried separately.

See notes to section 1891, Burns' R. S. 1901.

1901. Order of trial.-260. The jury being impaneled and sworn, the trial shall proceed in the following order:

First. The prosecuting attorney must state the case of the prosecution, and briefly state the evidence by which he expects to support it; and he shall then offer the evidence in support of the prosecution.

Second. The defendant, or his counsel, may then state his defense, and offer evidence in support thereof.

Third. The parties may then respectively offer rebutting evidence only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case.

Fourth. When the evidence is concluded, the prosecuting attorney and the defendant or his counsel may, by agreement, in open court, submit the case to the court or jury trying the same, without argument. But if the case be not so submitted without argument, the prosecuting attorney shall have the opening and closing of the argument; but he shall disclose, in the opening, all the points relied on in the case, and if, in the closing, he refer to any new point or fact not disclosed in the opening, the defendant or his counsel shall have the right of replying thereto, which reply shall close the argument in the