[1881 S., p. 114. SEC. 1583. Mortal wound or poison. 1584. Kidnapping, enticing females, and conceal ing children. 1585. County line. 1586. Transporting game. 1587. Libel. 1588. Judgment in another State. 1589. Property brought from another State. In force September 19, 1881.] 1573. Division of offenses. 1. All crimes and public offenses which may be punished with death or imprisonment in the State prison shall be denominated felonies; and all other offenses against the criminal law shall be denominated misdemeanors. 1574. Where punished. 2. Every person committing an offense against the laws of this State is liable to be punished therefor in the county having jurisdiction. 1. If the evidence fail to show that the offense was committed in the county where the indictment was found, there must be an acquittal.- Stazey v. State, 58 Ind. 514. 2. One is not liable criminally for the act of his agent, unless done by his command or procurance.-- Lathrope v. State, 51 Ind. 192. 1575. Non-residents, by agent. 3. 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. 1. This has no application to an offense committed and consummated without this State by means used within it.- Stewart v. Jessup, 51 Ind. 413. Nor to a case where larceny was committed in another State, and the goods brought by the thief to this State, six weeks after.- Beal v. State, 15 Ind. 378. Nor to a case where the defend. ant out of the State became accessory before the fact to a felony committed by another within the State.-Johns v. State, 19 Ind. 421. 1576. Aiding felony in another State. 4. Every person who shall, while in this State, aid in and abet the perpetration, or attempt to perpetrate, an offense in another State which by the laws of this State is a felony, shall be deemed guilty of a felony; and upon conviction thereof shall be punished in the same manner and to the same extent as accessories before the fact to the commission of such a felony are prosecuted and punished by the criminal laws of the State; and it shall not be essential to the conviction of such person of said felony that the principal be prosecuted for the crime charged. 1577. Duelling. 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 result 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. 1578. 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. 1. For the foundation of this jurisdiction on the Ohio River, see Carlisle v. State, 32 Ind. 55. [1 R. S. 1852, p. 168. In force May 6, 1853.] 1579. On Ohio and Wabash rivers. 93. 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. Whenever any violation of the penal laws of this State shall be committed on either of the above-named rivers opposite to the line dividing any two counties bordering thereon, or so near to said line that it may be doubtful on which side of said line the offense was committed, the proper Courts of either of the counties adjoining said line may take cognizance of said offense, rot [1881 S., p. 114. In force September 19, 1881.] 1580. In two or more counties. 7. 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 twɔ or more counties, the jurisdiction is in either county. 1581. Property brought from another county. 8. When property taken in one county by burglary, robbery, larceny, or embezzlement, has been brought into another county, the jurisdiction is in either county. 1. The indictment being in the Floyd Circuit Court, averred the larceny by the defendant in Clark county in May, 1878, and that he, afterward, in May, 1876, brought the property into Floyd. Held, bad, on motion in arrest.- Hutchinson v. State, 62 Ind. 556. 1582. Accessory. 9. An accessory before or after the fact may be punished in the county where he committed the offense or in the county where the principal offense was committed. 1583. Mortal wound or poison. 10. 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. 1584. Kidnapping, enticing females, and concealing children. 11. 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, with intent to take such person to parts without this State, 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. 1585. County line. 12. When a public offense has been committed on the boundary of two or more counties, or so near to the line that it is uncertain on which side thereof the offense was committed, the jurisdiction is in either county. 1586. Transporting game. 13. 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 purposes of or during the course of such transportation. 1587. Libel. 14. 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. 1588. Judgment in another State. 15. 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. 1589. Property brought from another State. 16. 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 other county, or State or Territory of the United States, or foreign country, he may be prosecuted or indicted in any county 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. 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, 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. 1EC. 1592. Treason, murder, etc, 1593. Five years. 1594. Six months. ARTICLE 2- - LIMITATION. SEC. 1595. Sixty days. 1596. Two years. 1597. Party absent or concealed. [1881 S., p. 114. In force September 19, 1881.] 1592. Treason, murder, etc. 19. Prosecutions for treason, murder, arson, and kidnapping,may be commenced at any time after the commission of the offense. 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. 1594. Six months. 21. Prosecutions for the desecration of the Sabbath-day must be commenced within six months after the commission of the offense. 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. ́{ ́. At Av 1596. Two years. 23. In all other cases, prosecution for an offense must be commenced within two years after its commission. 1. See notes under section 1738. 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. I. For what is concealment of crime, so that the Statute of Limitations will not run, see Robinson v. State, 57 Ind. 113. SEC. ARTICLE 3 FUGITIVES FROM JUSTICE. 1598. Returned to another county.! 1598a. Fugitive from justice defined. SEC. 1605a. Arrest, upon complaint, 1599. From another State Governor's war 1605c. Retention in jail. [1881 S., p. 114. In force September 19, 1881.] 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 said 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 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 offense was committed. [1899 S., p. 538. Approved March 6, 1899.] ! Ora 1598a. Fugitive from justice defined. commits a crime within any state other than this and withdraws therefrom; or any person who, while in this state, commits a felonious assault on a person while in any other state; or any person who, while in this state, sends any poisonous drug to any person within any other state with the intent to commit a felony, shall be deemed a fugitive from justice. [1897 S., p. 38. In force February 23, 1897.] 1599. From another State mand 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 thte 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 Cirenit 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. Governor's warrant. 1. Upon the de 1600. Order of Judge. 2. 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 the 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. 1601. Committed-Notice to Governor. 3. 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 Governor 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 thirty days after his commitment, the jailer shall discharge him. 1602. Costs. 4. 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. 1603. Warrant, when refused. 5. If it shall be made to appear |