§ 759. Appeal by whom and how brought to argument.The appeal must be brought to argument by the defendant at the next term, upon a notice of not less than ten days before said term to the district attorney of the county. Amended by chap. 601 of 1899. In effect Sept. 1, 1899. § 760. If not brought to argument, as provided in last section, to be dismissed, unless continued for cause shown.-If the defendant omit to bring the appeal to argument, as provided in the last section, the court must dismiss it, unless it continue the same, by special order, for cause shown. § 761. Service of return on district attorney, and consequences of failure. The defendant must serve upon the district attorney, a copy of the return, with or before the notice of argument. If he fail to do so, the appeal must be dismissed, upon proof of the failure, unless the court otherwise direct. § 762. If brought to hearing by defendant, appeal must be argued, though no one opposes, etc.-If the appeal be brought to hearing by the defendant, it must be argued, though no one appear to oppose; but if brought on by the district attorney, he may take judgment of affirmance, unless the defendant appear to argue the appeal. § 763. Appeal to be heard on original return.-The appeal must be heard upon the original return; and no copy thereof need be furnished for the use of the court. § 764. Judgment on appeal.-After hearing the appeal, the court must give judgment, without regard to technical errors or defects, which have not prejudiced the substantial rights of the defendants, and may render the judgment which the court below should have rendered, or may, according to the justice of the case, affirm or reverse the judgment in whole or in part, as to all or any of the defendants, if there be more than one, or may order a new trial, or may modify the sentence. Amended by chap. 360 of 1882. This amendment substituted the word "defendant" for "defendants" where first used in the section, and added the words "or may modify the Bentence." See notes under section 717, ante. See notes under section 542 of the Code of Criminal Procedure. Technical objections.-Technical objections are disregarded in render. ing judgment on appeal. People v. Cutler, 1 N. Y. Cr., 178; 28 Hun, 465. In reviewing the judgment of the court of special sessions, it is the duty of the court of sessions of the county to give judgment without regard to technical errors or defects, which have not prejudiced the substantial rights of the defendant. People v. Upton, 29 St. Rep., 777, 779; 9 N. Y. Supp., 686. Where the appellate court can see that a violation of section 427, ante, is harmless, it will disregard it under this section. People v. Moore, 20 St. Rep., 4; 50 Hun, 359; 3 N. Y. Supp., 161. Modification. This section gives to the court of sessions, upon appeal. power to modify the sentence of the court of special sessions. People v. Starks, 17 St. Rep., 237; 1 N. Y. Supp., 723. Under this section, the court of sessions is authorized, on appeal, to change a sentence of imprisonment in the penitentiary imposed by the court of special sessions, to imprisonment in the county jail, and affirm the conviction and sentence as thus modified. People v. McIntosh, 5 N. Y. Cr., 39. The appellate court, upon appeal, can set aside an illegal, and pronounce a legal, judgment. People ex rel. Stokes v. Riseley, 38 Hun, 282; 4 N. Y. Cr., 111. But a prisoner, held under a void judgment, is not confined to an appeal; he may procure his discharge by habeas corpus. Id. Power of special sessions. After an appeal to the court of sessions, the justice of the peace, who held the special sessions, has no power to alter the sentence. People v. Starks, 17 St. Rep., 234; 1 N. Y. Supp., 723. In such case, a supreme court justice, on adjudging the sentence of the special sessions illegal, cannot remand the prisoner to the latter court for re-sentence. Id. See People v. Clark, 41 St. Rep., 448; 62 Hun, 84; 16 N. Y. Supp., 695; People v. Harris, 28 St. Rep., 300; 4 Silv. (Sup. Ct.), 536; 7 N. Y. Supp., 776. § 765. Judgment to be entered on the minutes.-When judg ment is given upon the appeal, it must be entered upon the minutes. § 766. Order upon judgment for affirmance.-If the judgment be affirmed, the court must direct its execution, and if the defendant have been discharged on bail, after the commencement of the execution of a judgment of imprisonment, must commit him to the proper custody for the remainder of his term of imprisonment. § 767. Order upon judgment of reversal.-If the judgment be reversed, and the defendant be imprisoned in pursuance of the judgment of the police court, the county court must order him to be discharged. Am'd by chap. 880 of 1895. In effect January 1, 1896. 768. If new trial ordered, to be had in county court.If a new trial be ordered, it must be had in the county court, in the same manner as upon an issue of fact on an indictment; and that court may proceed to judgment and execution, as in an action prosecuted by indictment. But where the appeal was from a judg ment of commitment made under section two hundred and ninetyone of the Penal Code, the new trial shall be had before the county court without a jury. Am'd by chap. 880 of 1895. In effect January 1, 1896. Amended by chap. 39 of 1890. This amendment added the latter sentence of the present section. $769. Proceedings to carry judgment upon appeal into effect, to be had in county court. If any proceedings be necessary to carry the judgment upon the appeal in effect, they must be had in the county court. Am'd by chap. 880 of 1895. In effect January 1, 1896. § 770. On judgment of county court, defendant may appeal to the appellate division.-If the judgment on the appeal be against the defendant, he may appeal therefrom to the appellate division of the supreme court, in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon the appeal, in like manner. Am'd by chap. 880 of 1895. In effect January 1, 1896. Appeal to supreme court.-If, on an appeal from the court of special sessions to the court of sessions, the judgment is against the defendant, he may appeal therefrom to the supreme court. People v. Snyder, 7 St. Rep., 842; 44 Hun, 193. No appeal can be taken by the people from a judgment of a court of ses sions, reversing a judgment of a court of special sessions convicting the defendant of an assault. Id. An appeal by the defendant to the general term from a judgment of affirmance of the general sessions is given by this section. People v. Trumble, 1 N. Y. Cr., 447. See People ex rel. Wright v. Court, etc., 9 St. Rep., 607; 45 Hun, 55. § 771. Judgment of supreme court upon appeal, final.The judgment of the appellate division of the supreme court upon the appeal is final; except that where the original appeal was from a judgment of commitment of a child, either party may appeal to the court of appeals in like manner as a defendant under section five hundred and nineteen of this Code. Am'd by chap. 880 of 1895. In effect January 1, 1896. This amendment added the exception to the present section. The judgment of the supreme court on an appeal from a judgment of the sessions, affirming a conviction of the special sessions, is final. People v. Snyder, 7 St. Rep., 842; 44 Hun, 193. See People ex rel. Wright v. Court, etc., 9 St. Rep., 607; 45 Hun, 55. § 772. Proceedings to carry into effect judgment of supreme court. The same proceedings must be had, to carry into effect the judgment of the appellate division of the supreme court upon the appeal, as if it had been taken upon a judgment in an action prosecuted by indictment. Am'd by chap. 880 of 1895. In effect January 1, 1896. See People v. Clark, 41 St. Rep. 449; 62 Hun, 84; 16 N. Y. Supp., 695. PART VI. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. III. OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON. V. OF PROCEEDINGS RESPECTING BASTARDS. VI. OF PROCEEDINGS RESPECTING VAGRANTS. VII. OF PROCEEDINGS RESPECTING DISORDERLY PERSONS. VIII. OF PROCEEDINGS RESPECTING THE SUPPORT OF POOR PERSONS. ANTS. X. OF CRIMINAL STATISTICS. XI. MISCELLANEOUS PROVISIONS CRIMINAL NATURE. RESPECTING PROCEEDINGS OF A TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. SECTION 773. Coroner, when to summon jury to inquire into cause of death or wounding. Issue of warrant of arrest and proceedings thereupon. Coroner, when disqualified from acting. 774. Jury to be sworn. 775. Witnesses to be subpoenaed. 776. Compelling attendance of witnesses, and punishing their disobedience. 777. Verdict of the jury. 778. Testimony, how taken and filed. 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned. 780. Warrant for arrest of party charged by verdict. 781. Coroner's warrant, form of. 782. Warrant, how executed. 783. Duty of magistrate upon examination of charge. 784. Inquisition and testimony for magistrate. 785. Coroner to deliver money or property found, on deceased, to county treasurer. 786. County treasurer to place money to credit of county; and to sell other property and place proceeds to credit of county. 787. Money, when and how paid to representatives of deceased. 788. Supervisors to require statement under oath, from coroner, before auditing his accounts. 789. In New York, police justices may perform duties of coroner, during his inability. 790. Compensation or coroners. § 773. Coroner's jury and examination.-Whenever a coroner is informed that a person has been killed or dangerously wounded by another, or has suddenly died under such circum stances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another by criminal means, or has committed suicide, he must go to the place where the person is and forthwith inquire into the cause of the death, or wounding, and in case such death, or wounding, occurred in a county in which is situated in whole, or in part, a city of the first class, but not otherwise, summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forth with, at a specified place, to inquire into the cause of the death or wound, and if it shall appear from the sworn examination of the informant, or complainant, or if it shall appear from the evidence taken on, or during, the inquisition, or hearing, that any person, or persons, are chargeable with the killing or wounding, or that there is probable cause to believe that any person or per sons are chargeable therewith, and if such person or persons be not in custody, he must forthwith issue a warrant for the arrest of the person or persons charged with such killing or wounding; and upon the arrest of any person, or persons, chargeable therewith, he must be arraigned before the coroner for examination, and the said coroner shall have power to commit the person or persons so arrested to await the result of the inquisition or decision. Any coroner shall be disqualified from acting as such in any case where the person killed, or dangerously wounded, or dying suddenly, as aforesaid, is a co-employee with said coroner, of any person, or persons, association, or corporation, or where it appears that the killing or wounding has been occasioned, directly or indirectly, by the employer of said coroner. Amended by chap. 464 of 1899. In effect Sept. 1, 1899. Amended by chap. 321 of 1887. This amendment inserted after the word "forthwith" in the original section the words "inquire into the cause of the death or wounding, and," and after the word "jurors," the words "if such death or wounding be of a criminal nature,” and added the provisions as to the warrant of arrest and the proceedings thereupon. Amended by chap. 562 of 1892. This amendment added the provision as to disqualification of coroner. See section 311 of Penal Code. See chap. 341 of 1893, amending chap. 231 of 1884, which provided for the election and compensation of a coroner in the county of Onondaga, and for post-mortem examinations in coroners' cases in said county. The case of People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38, was reversed in 6 St. Rep., 828; 105 N. Y., 146. Powers.-The powers and duties of a coroner are conferred by statute. People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 339. The dissenting opinion of Justice Hardin at general term, reported in People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 336, was approved and virtually concurred in. on appeal by court of appeals in 6 St. Rep., 828; 105 Ñ. Y., 146; 5 N. Y. Cr., 352. A coroner is not one of the magistrates enumerated in section 147, ante. People r. McGloin, 91 N. Y., 248. Inquest. This section and the two following sections are substantially re-enactments of the provisions of the Revised Statutes in respect to coroners' inquests. (2 R. S., 743.) People v. Fitzgerald, 6 St. Rep., 599; 43 Hun, 38; 5 N. Y. Cr., 340. A coroner's inquest is a judicial proceeding. Crisfield v. Perine, 15 Hun, 200; aff'd, 81 N. Y., 622. A person, under arrest before a coroner's jury and accused of having occasioned death by criminal means, occupies before the coroner and his |