$141. Prosecution for murder may be commenced at any time. There is no limitation of time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed.

$142. Limitation of five years. An indictment for a felony, other than murder, must be found within five years after its commission, except where a less time is prescribed by statute. And an indictment for a misdemeanor must be found within two years after its commission.

See People v. O'Donnell, 46 Hun, 362; People v. Durrin, 2 N.Y.Cr. Rep. 333.

143. Defendant out of state. If, when the crime is committed, the defendant be out of the state, the indictment may be found within the term herein limited after his coming within the state; and no time during which the defendant is not an inhabitant of, or usually resident within, the State, or usually in personal attendance upon business or employment within the State, is part of the limitation.

In effect, as amended, Sept. 1, 1895; Laws 1895, chap. 552.

8144. Indictment deemed found when presented in court and filed. An indictment is found, within the meaning of the last three sections, when it is duly presented by the grand jury in open court, and there received and filed.

TITLE III.

OF THE INFORMATION AND PROCEEDINGS THEREON TO THE COMMITMENT, INCLUSIVE.

CHAPTER I. The information.

II. The warrant of arrest.

III. Arrest by an officer under a warrant.
IV. Arrest by an officer without a warrant.

V. Arrest by a private person.

VI. Retaking, after an escape or rescue.

VII. Examination of the case, and discharge of the defendant

holding him to answer.

CHAPTER I.

THE INFORMATION.

SECTION 145. Information defined.

146. Magistrate defined.
147. Who are magistrates.

145. Information defined. The information is the allegation made to a magistrate that a person has been guilty of some designated crime.

See Hewitt v. Newberger, 145 N. Y. 538; People v. Johnson, 46 Hun, 671; 110 N. Y. 134; People v. Nowak, 7 N. Y. Cr. Rep. 69.

A person arrested after the filing of the coroner's inquisition is entitled to a hearing before a magistrate as though arrested on an ordinary information. Matter of Ramscar, 63 How. 255; 10 Abb. N. C. 442; 1 N. Y. Cr. Rep. 36. But see People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172.

§ 146. Magistrate defined.- A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a crime.

§ 147. Who are magistrates.-The following persons are magistrates:

1. The justices of the supreme court;

2. The judges of any city court;

3. The county judges and special county judges;

4. The city judge of the city of New York and the judges of the court of general sessions in the city and county of New York; 5. The justices of the peace;

6. The police and other special justices, appointed or elected in a city, village or town;

7. The mayors and recorders of cities. But in the city of New York, the only magistrates authorized to commit children to institutions, are the justices of the supreme court, the recorder, the city judge of the city of New York, and judges authorized to hold the court of general sessions, and the police justices.

Amended 1892, chap. 279; in effect Sept. 1, 1892.

See People v. McGloin, 91 N. Y. 241; 12 Abb. N. C. 172; People v. Nowak, 24 State Rep. 275; People v. Bates, 38 Hun, 181; 4 N. Y. Cr. Rep. 215; Matter of McFarland, 59 Hun, 306.

CHAPTER II.

THE WARRANT OF ARREST.

SECTION 148. Examination of the prosecutor and his witnesses, upon the

information.

149. Depositions, what to contain.

150. In what case warrant of arrest may be issued.

151. Form of warrant.

152. Name or description of the defendant, in the warrant and state

ment of the offense.

153. Warrant to be directed to and executed by a peace officer.

154. Who are peace officers.

SECTION 155. Warrant issued by certain judges.

156. Warrant issued by other magistrates.

157. Indorsement on the warrant, for service in another county, how and upon what proof to be made.

158. Defendant, arrested for felony.

159. Defendant, arrested for a misdemeanor.

160. Proceedings on taking bail from the defendant, in such case. 161. Proceedings, where he is admitted to bail in such case, but bail

is not given.

162. Prisoner carried from county to city.

163. Power and privilege of officer.

164. When magistrate issuing the warrant is unable to act.

165. Defendant in all cases to be taken before a magistrate, without

delay.

166. Defendant, before another magistrate than the one who issued

the warrant.

§ 148. Examination of the prosecutor and his witnesses, upon the information. When an information is laid before a magistrate, of the commission of a crime, he must examine on oath the informant and prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.

See Tracy v. Seamans, 7 State Rep. 145; People v. Nowak, 24 id. 275.

The law does not require the information to be reduced to writing previously to issuing the warrant. Payne v. Barnes, 5 Barb. 465; Ex parte Boswell, 34 How. 347.

The omission of the magistrate to reduce the complaint to writing does not make the prosecutor a trespasser. Sleight v. Ogle, 4 E. D. Smith, 445.

The complaint need not be on oath, but the examination of complainant must be on oath. Er parte Boswell, 34 How. 347.

A magistrate has no authority to order a person accused of a criminal offense to be committed until a subsequent day for examination without having first the accused brought before him. Pratt v. Hill, 16 Barb. 303.

Where the complaint is made on information the magistrate has power to issue subpoenas for witnesses. People v. Hicks, 15 Barb. 153.

The same strictness is not required in an information as on an indictment. People v. Robertson, 3 Wheel. C. C. 180.

The original information and depositions taken before the warrant was issued, however formerly drawn up, are not in themselves evidence against the accused at the trial. People v. Restell, 3 Hill, 290.

A written complaint made before a magistrate alleging that certain goods had been stolen, and that the complainant has probable cause to suspect and does suspect that A. stole them, is insufficient to justify the issuing a warrant for the arrest of the accused. Blodgett v. Race, 18 Hun, 132.

The omission of complainant or his witnesses to sign the deposition as required by this section is an irregularity, which will be held to be waived un

less defendant has interposed the objection at the first available opportunity People v. Winness, 3 N. Y. Cr. Rep. 89; citing Pierson v. People, 79 N. Y. 424. Section 809, Penal Code of California, authorizes a proceeding by informa tion only where a defendant has been examined and committed as provided in section 372 of the Penal Code. Held, that where prisoner has been committed by the magistrate upon the oral testimony of the witnesses, and without reducing them to writing (as required by the section referred to), that an information against him was rightly dismissed and constituted no bar to another information. Kalloch v. Superior Ct., 56 Cal. 229.

§ 149. Depositions, what to contain. The depositions must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the crime and the guilt of the defendant.

See Loomis v. Reader, 41 Hun, 269; Tracy v. Seamans, 7 State Rep. 145; People v. Pratt, 22 Hun, 300.

The depositions must set forth the facts tending to establish the crime (perjury), and not merely the conclusion of the witnesses. Matter of Rothaker, 11 Abb. N. C. 122.

The deposition may be upon information and belief where the acts and cir. cumstances on which such information and belief are founded are given. People v. McIntosh, 5 N. Y. Cr. Rep. 38.

§ 150. In what case warrant of arrest may be issued.If the magistrate be satisfied therefrom, that the crime complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he must issue a warrant of arrest.

See People v. McIntosh, 5 N. Y. Cr. Rep. 40; Fraser v. Board, etc., 17 State Rep. 875; Tracy v. Seamans, 7 id. 145; Killoran v. Barton, 26 Hun, 648.

It is enough when a magistrate is reasonably certain that a crime has been committed. Pratt v. Bogardus, 49 Barb. 89; Abbott v. Booth, 50 id. 551.

Not necessary that, in a criminal warrant, to set out the circumstances of the offense. Atchinson v. Spencer, 9 Wend. 62.

Just grounds of suspicion sufficient. Samuel v. Payne, Doug. 359; Halley v. Mix, 3 Wend. 350; Cowles v. Dunham, 2 C. & P. 565.

A justice of the peace, before he is authorized to issue a warrant for the arrest of a person, must be satisfied, by examination upon oath of the complainant, that a crime has been committed. Wilkinson v. Robinson, 6 How. 110.

A justice has jurisdiction to issue a warrant of arrest though he abuse it grossly. Campbell v. Ewalt, 7 How. 399; Stewart v. Hawley, 21 Wend. 553.

§ 151. Form of the warrant. A warrant of arrest is an order in writing in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form, the blanks being properly filled:

"COUNTY OF

"In the name of the people of the State of New York, to any peace officer in the

"Information, upon oath, having been this day laid before me that the crime of has been committed and accusing

thereof,

"You are therefore commanded forthwith to arrest the abovenamed and bring him before

at

The warrant must direct that the defendant be brought before the magistrate issuing the warrant, or if the offence was committed in another town, and is one which a court of special sessions has jurisdiction to try, or which a magistrate has jurisdiction to hear and determine, he must direct that the defendant be brought before a magistrate of the town in which the offense was committed.

In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880.

See Killoran v. Barton, 26 Hun, 648; People v. Johnson, 46 id. 671; Fraser v. Board, etc., 17 State Rep. 875; People v. Mead, 92 N. Y. 420.

*

A warrant stating that information upon oath having been this day laid before me that the crime of malicious trespass upon lands owned or occupied * * has been committed, and accusing * by * * thereof," is sufficient in form. It is not necessary to set out the circumstances of the offense. People v. Upton, 29 State Rep. 778.

§ 152. Name or description of the defendant, in the warrant and statement of the offense. The warrant must specify the name of the defendant, or if it be unknown to the magistrate, the defendant may be designated therein by any name. It must also state an offense in respect to which the magistrate has authority to issue the warrant, and the time of issuing it, and the city, town or village where it is issued, and be signed by the magistrate with his name of office

See People v. Beatty, 39 Hun, 477; 4 N. Y. Cr. Rep. 288.

Not necessary in a criminal warrant to set out the circumstances of the offense. Atchinson v. Spencer, 9 Wend. 62; People v. Upton, 29 State Rep. 778. It is sufficient if a criminal warrant indicate with reasonable certainty the offense sought to be charged. Pratt v. Bogardus, 49 Barb. 87.

Requisites of a criminal warrant as to time, place and the description of the offense. Blythe v. Tompkins, 2 Abb. 468.

Warrant for larceny good though it omit to state the value of the property stolen. Payne v. Barnes, 5 Barb. 465.