worthless objection is alleged in the affidavit. It should be presumed that the proceedings were legal and valid unless it is affirmatively shown that they are otherwise." $757. Compelling return.-If the return be not made within the time prescribed in the last section, the county court or the judge thereof, may order that a return be made within a specified time which may be deemed reasonable; and the court may, by attachment, compel a compliance with the order. In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880. 8758. Ordering and compelling further or amended return. — If the return be defective, a further or amended return may be ordered, and the order may be enforced in the manner provided in the last section. § 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 oppose, 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 attor ney, 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. What judgment may be rendered. 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. See People, ex rel. Stokes, v. Risley, 38 Hun, 282; 4 N. Y. Cr. Rep. 111; People v. Cutler, 28 Hun, 465; 1 N. Y. Cr. Rep. 178; People v. McIntosh, 5 id. 39; People v. Harris, 28 N. Y. State Rep. 301; People v. Upton, 29 id. 779; People v. Moore, 50 Hun, 359; People v. Starks, 17 N. Y. State Rep. 237, 238. § 765. Judgment to be entered on the minutes.- When judgment is given upon the appeal, it must be entered upon the ininutes. § 766. Order upon judgment for affirmance.-If the judgment be affirmed, the court must direct its execution, and if the defendant be 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 imprison ment. § 767. Order upon judgment of reversal. If the judg ment 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. In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880. 8768. If new trial ordered, to be had in county court, etc.-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 judgment of commitment made under section two hundred and ninety-one of the Penal Code, the new trial shall be had before the county court without a jury. In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880. $769. Proceedings to carry judgment upon appeal into effect, to be had in county court.-If any proceeding be necessary to carry the judgment upon the appeal into effect, they must be had in the county court. In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880. § 770. On judgment of county court, defendant may appeal to 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. In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880. See People v. Trumble, 1 N. Y. Cr. Rep. 447; People, ex rel., v. Court of Sessions, 45 Hun, 54. No appeal can be taken by the people from a judgment of a court of sessions reversing, on an appeal taken thereto, a judgment of a court of special sessions, convicting the defendant of an assault. People v. Snyder, 44 Hun, 193. § 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. In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880. See People, ex rel., v. Court of Sessions, 45 Hun, 54; People v. Snyder, 44 id. 193. § 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. In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880. 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. PERSONS. IX. OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES AND SERVANTS. X. OF CRIMINAL STATISTICS. XI. MISCELLANEOUS PROVISIONS RESPECTING PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. BECTION 773. In what cases coroner to summon a jury; number of jurors to be summoned. 774. 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. Form of warrant. 782. Warrant, how executed. 783. Proceedings of magistrate, on defendants being brought before him. 784. Clerk with whom inquisition is filed, to furnish magistrate with county treasurer. SECTION 786. County treasurer to place money to credit of county; and to seil other property and place proceeds to credit of county. 787. Money, when and how paid to representatives of deceased. 789. In New York, police justice may perform duties of coroner, 790. Compensation of coroners. § 773. In what cases coroner to summon a jury; number of jurors to be summoned.-Whenever a coroner is informed that a person has been killed or dangerously wounded by another, or has suddenly died under such circumstances 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 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, if such death or wounding be of a criminal nature, to appear before him forthwith 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 by the evidence taken on or during the inquisition, that any person or persons are chargeable with the killing or wounding, or that there is a probable cause to believe that any person or persons 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. 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-employe 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, Laws 1899, chap. 464. In effect Sept. 1, 1899. |