SECOND OFFENSES, HABITUAL CRIMINALS AND SPECIAL PEN

§ 510. When convict may be adjudged an habitual crimina When a person is hereafter convicted of a felony, who has beer before that conviction, convicted in this state of any other crime, h may be adjudged by the court, in addition to other punishmen inflicted upon him, to be an habitual criminal. A person convicted of a misdemeanor, who has been already five times convicted in thi state of a misdemeanor may be adjudged by the court in addition to or instead of, other punishment, to be an habitual criminal.

§ 511. Judgment accordingly, how entered, etc. The judg ment specified in the last section must be entered in a separate book, kept for that purpose. A copy of the entry duly certified by the clerk of the court, is proof of the judgment, and a copy, so certified, must be forthwith transmitted to the police department of each city, and to the district-attorney of each county in the state.

§ 515. Writs of error and of certiorari, abolished; appeal substituted. Writs of error and of certiorari in criminal actions and proceedings and special proceedings of a criminal nature, as they have heretofore existed, are abolished; and hereafter the only mode of reviewing a judgment or order in a criminal action or proceeding, or special proceeding of a criminal nature is by appeal.

§ 516. Parties, how designated on appeal. The party appealing is known as the appellant, and the adverse party as the respondent. But the title of the action is not changed, in consequence of the appeal.

§ 517. [am'd 1887.] Appeal by defendant. An appeal to the supreme court may be taken by the defendant from the judgment on a conviction after indictment, except that when the judgment is of death the appeal must be taken direct to the court of appeals, and, upon the appeal, any actual decision of the court in an intermediate order or proceeding forming a part of the judgment-roll, as prescribed by section four hundred and eighty-five, may be reviewed.

§ 518. [am'd 1895.] In what cases by the people. An appeal to the appellate division of the supreme court may be taken by the people in the following cases and no other:

.1. Upon a judgment for the defendant, on a demurrer to the indictment.

2. Upon an order of the court arresting the judgment.

§ 519. [am'd 1895.]. Appeal to the court of appeals. An appeal may be taken from a j idgment or order of the appellate division of the supreme court to the court of appeals in the following cases and no other:

1. From a judgment affirming or reversing a judgment of conviction;

2. From a judgment affirming or reversing a judgment for the defendant on a demurrer to the indictment, or from an order affirming, vacating, or reversing an order of the court arresting judgment;

3. From a final determination affecting a substantial right of the defendant.

§ 520. Appeal, in matter of right. All appeals, provided for in this chapter, may be taken as a matter of right.

§ 521. [am'd 1892.] Must be taken within one year after judgment. An appeal must be taken within one year after the judgment was rendered or the order entered.

§ 522. Appeal, how taken. An appeal must be taken, by the vice of a notice in writing on the clerk with whom the judgment filed, stating that the appellant appeals from the judgment.