1659. (1590.) Injured party dying elsewhere.-17. Whoever with firearms, or by sending poison or other thing, or by other means, kills or injures any person in another county or state; or whoever gives a mortal blow or wound to any person who dies in another county or state,―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.

1660. (1591.) Treason.-18. When the overt act of treason shall have been commenced in this state, and consummated within the limits of any other state or territory, 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.

[1881 S., p. 114. In force September 19, 1881.]

1661. (1592.) Treason, murder, etc.-19. Prosecutions for treason, murder, arson and kidnapping may be commenced at any time after the commission of the offense.

1662. (1593.) Five years.-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.

1663. (1594.) Six months.-21. Prosecutions for the desecration of the Sabbath-day must be commenced within six months after the commission of the offense.

Proof of the commission of the crime must be made on some Sunday within six months next before the commencement of the action. Gilbert v. State, 81 Ind. 565. This section does not apply to the unlawful sales of intoxicating liquors on Sunday. Shepler v. State, 114 Ind. 194.

1664. (1595.) Sixty days.-22. Prosecutions for an offense must. be commenced within sixty days after its commission where the penalty can not exceed a fine of three dollars.

1665. (1596.) Two years.-23. In all other cases, prosecution for an offense must be commenced within two years after its commission. The evidence must show that prosecutions are commenced within the time fixed by statute. Dickinson v. State, 70 Ind. 247.

The statute as to embezzlement by public officers begins to run from the date moneys are required by law to be paid over. State v. Mason, 108 Ind. 48.

1666. (1597.) 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 can not 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. Concealment as to the commission of the crime so as to prevent the statute from running must be by positive acts, and the acts must be stated in the indictment. Jones v. State, 14 Ind. 120; Free v. State, 13 Ind. 324; State v. Fries, 53 Ind. 489; Robinson v. State, 57 Ind. 113; State v. Hoke, 84 Ind. 137.

If it is charged that the defendant was absent from the state, it must be alleged how long he was absent. Colvin v. State, 127 Ind. 403.

The indictment must show on its face that the offense was not barred by the statute. Ulmer v. State, 14 Ind. 52.

[1881 S., p. 114. In force September 19, 1881.]

1667. (1598.) Returned to 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 said 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 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 such 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 said complaint had been made and affidavit taken before 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 of fense 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 offense was committed.

Under this section as originally enacted, any judge before whom the prisoner was taken could let him to bail. State v. Elder, 35 Ind. 308.

This section is not in conflict with the act of 1852 (section 1625, R. S. 1881), authorizing a warrant to be issued by a justice to be served in another county. Sturn v. Potter, 41 Ind. 181.

1668. (1599.) From another state-Governor's 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 said 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 said fugitive and bring him before the circuit or criminal judge of this state who may be 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.

The requisition made by the governor of another state on the governor of this state for the surrender of a fugitive should be accompanied by a copy of the charge made against the accused. Ex parte Pfitzer, 28 Ind. 450.

The warrant issued by the governor of this state need not be accompanied by a copy of the charge made against the accused. Robinson v. Flanders, 29 Ind. 10.

If the governor of the state issuing the requisition certifies that the copy of the charge accompanying the requisition charges a crime, then a warrant should be issued for the accused. Tullis v. Fleming, 69 Ind. 15.

Mere recitals in the requisition on the governor of this state are not sufficient to warrant the arrest and surrender of the fugitive. Hartman v. Aveline, 63 Ind. 344.

Requisitions may be made for fugitives who have committed any crime of whatever degree. Morton v. Skinner, 48 Ind. 123.

Governors issuing requisitions are not required to certify that the accompanying papers are genuine, but only that they are properly authenticated. Hackney v. Welsh, 107 Ind. 253.

Papers accompanying a requisition may be authenticated by an affidavit, and the signature of the prosecuting attorney. Hackney v. Welsh, 107 Ind. 253.

1669. (1600.) Order of judge.-27. The 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; and if satisfied of the identity of the person, the judge shall order him to be delivered up to the agent of the state or territory demanding him, to be transported to such state or territory, agreeably to the laws of the United States: otherwise, he shall discharge the person from custody.

This section is constitutional. Robinson v. Flanders, 29 Ind. 10.

During the investigation in this state the prisoner may be let to bail. State v. Elder, 35 Ind. 368.

The state can not appeal from an order discharging the accused. State v. Morgan, 31 Ind. 66.

If a person is brought into this state on a requisition of the governor of this state, and is acquitted of the charge against him, he may then be surrendered on a requisition made by the governor of another state. Hackney v. Welsh, 107 Ind. 253.

1670. (1601.) Committed-Notice to governor.-28. If no agent of the state or territory making the demand be present, the fugitive shall be committed to the jail of the county in which the hearing before the judge is had; and such judge shall forthwith inform the governor of this state of the fact of such commitment. And, on request by the agent of the state or territory making the demand, upon the jailer having such fugitive in custody, and upon the order of the gov ernor of this state, such fugitive shall be delivered up to such agent, to be transported to the state or territory from which he fled; and if such fugitive be not demanded within ninety days after his commitment, the jailer shall discharge him.

1671. (1602.) Costs.-29. All costs incurred in apprehending, securing, and keeping said fugitive shall be paid by the agent of the state or territory making the demand, before he shall be permitted to remove him or receive him into custody.

1672. (1603.) Warrant, when refused.-30. If it shall be made to appear to the governor before the issuing of the warrant provided for by this act, that the alleged fugitive is held in custody or on bail, to answer for any crime or misdemeanor against the laws of this state, the governor of this state shall thereupon refuse to issue such warrant, informing the executive authority of the state or territory making the demand, of the grounds of such refusal.

1673. (1604.) Order, when refused.-31. If it shall appear to the judge before whom the examination provided for by this act may be had, that the alleged fugitive is held in custody or on bail for any crime or misdemeanor against the laws of this State, such judge shall, for that reason, refuse to make an order for the delivery or removal of such fugitive, and shall immediately report the facts to the governor of this state, who shall inform the governor of the state or territory making the demand thereof.

1674. (1605.) When citizen not surrendered.-32. No citizen or resident of this state shall be surrendered under pretense of being a fugitive from justice from any other state or territory, where it shall be clearly made to appear to the judge holding the examination provided for by this act that such citizen or inhabitant was in this state at the time of the alleged commission of the offense, and not in the state or territory from which he is pretended to have fled; and in such case, the judge holding the examination shall discharge the person arrested, and forthwith report the facts to the governor.

If it appears that the accused could not have been in the state where the crime was committed at the time of its commission, he should not be surrendered. Hartman v. Aveline, 63 Ind. 344.

SEC.

1683. Wife may prosecute.

1684. Prosecutor, when notified. 1685. Title of cause.

SEC.

1686. Commitment.

1687. Breach of the peace.

[1881 S., p. 114. In force September 19, 1881.]

1675. (1606.) Affidavit.-33. When complaint is made in writing, upon oath before any justice of the peace, that the complainant has just cause to fear, and does fear, that another will destroy or injure his property, or injure, by violence, himself or some member of his family or his ward, and that he makes such affidavit only to secure. the protection of the law and not from anger or malice, any justice with whom such affivavit is filed shall issue his warrant, and cause the person complained of to be arrested and brought before him for trial.

1676. (1607.) Forma of affidavit.-34. An affidavit for surety of the peace, substantially in the following form, shall be deemed suffi

A. B. swears [or affirms, as the case may be] that he has just cause to fear, and does fear, that C. D. [here describe the injury apprehended]; and that he makes this affidavit only to secure the protection of the law, and not from anger or malice.

A. B.

18-. THOMAS COLLINS, Justice.

The affidavit is not bad for being in the alternative as to the fear expressed. Conklin v. State, 8 Ind. 458; Collins v. State, 11 Ind. 312.

The proceeding should be in the name of the state without any relator. State v. Carey, 66 Ind. 72.

The action can not be first commenced in the circuit court. State v. Cooper, 90 Ind. 575.

1677. (1608.) Form of warrant.-35. A warrant substantially in the form following shall be deemed sufficient

State of Indiana,}

County of

SS:

To the constable of

county: Whereas, A. B. has filed with me his affidavit, that he has just cause to fear, and does fear that C. D. [here insert the injury apprehended, as specified in the affidavit]; and that he makes said affidavit only to secure the protection of the law, and not from malice or anger: You are therefore commanded, forthwith, to arrest said C. D., and bring him before me, at my office, to be dealt with according to law; and have then and there this writ. Dated this day of

18-.

ORSON M. TYLER, Justice.

1678. (1609.) Issue and trial.-36. The issue to be tried in such case shall be, whether the complaining witness has just cause to entertain the fears expressed in his affidavit; which issue shall be tried and determined by the justice or jury. Changes of venue and continuances shall be granted as in other cases.

Proceedings for surety of the peace are not prosecutions for crimes, and the doctrine of reasonable doubt does not apply, nor is the jury the judge of the law. Murray v. State, 26 Ind. 141; Arnold v. State, 92 Ind. 187.