MASSACHUSETTS: Com. v. Carey, 12 Cush. 246; Com. v. McLaughlin, id. 615; Scott v. Eldridge, 27 N. E. Rep'r, 677. NEW JERSEY: Webb v. State, 51 N. J. L. 189. In Pinkerton v. Verberg, '78 Mich. 573; 18 Am. St. Rep. 573, it was held that the fact that a woman has the reputation of being a street-walker, and that the officer knows of her reputation, and believes her to be plying her vocation, does not justify his arresting her without a warrant while she is walking along the street, doing nothing to indicate such a purpose. NEW YORK: People v. Shanley, 40 Hun, 478; Phillips v. Trull, 11 Johns. 486; Meyer v. Clark, 41 N. Y. Super. 107; People v. Adler, 3 Park. 249; Meiners v. Constantine, 21 Daily Reg. No. 123. In People v. Pratt, 22 Hun, 300, it was held that an officer had no authority to arrest, without warrant, a common prostitute, unless disorderly conduct is committed in his presence. A common prostitute, when sitting at a window, soliciting men from the street for immoral purposes, may be arrested by officer without warrant. Harft v. McDonald, 1 City Ct. Rep. 181. See Hawley v. Butler, 54 Barb. 490; 48 id. 101; Sands v. Benedict, 5 Thomp. & Cook, 19. NORTH CAROLINA: State v. Belk, 76 N. C. 12. OHIO: See, under statute, Wolf v. State, 19 Ohio St. 248, 257. $178. May break open a door or window, if admittance refused. To make an arrest, as provided in the last section, the officer may break open an outer or inner door or window of a building, if, after notice of his office and purpose, he be refused admittance. See § 175, ante. § 179. May arrest at night, on reasonable suspicion of felony. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest, though it afterward appear that a felony had been committed, but that the person arrested did not commit it. See People v. Ryan, 28 State Rep. 490. 180. Must state his authority, and cause of arrest, except where party is committing felony or is pursued after escape. When arresting a person without a warrant the officer must inform him of the authority of the officer and the cause of the arrest, except when the person arrested is in the actual commission of a crime, or is pursued immediately after an escape. § 181. May take before a magistrate a person arrested by a bystander for breach of the peace. A peace officer may take before a magistrate a person who, being engaged in a breach of the peace, is arrested by a bystander and delivered to him. $182. Magistrate may commit by verbal or written order, for offenses committed in his presence. When a crime is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest. See Farrell v. Warren, 3 Wend. 253; Butolph v. Blust, 5 Lans. 84; 41 How. 481; Sands v. Benedict, 2 Hun, 479; Parsons v. Brainard, 17 Wend. 522; Lindsay v. People, 67 Barb. 550. CHAPTER V. ARREST BY A PRIVATE PERSON. SECTION 183. In what cases allowed. 184. Must inform the party of the cause of arrest, except when actu ally committing the offense or on pursuit after escape. 185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer. § 183. In what cases allowed. A private person may arrest another: 1. For a crime committed or attempted in his presence; 2. When the person arrested has committed a felony, although not in his presence. Subdiv. 1. See Phillips v. Trull, 11 Johns. 487; People v. Wolven, 7 N. Y. Leg. Obs. 89; Keenan v. State, 8 Wisc. 132; Long v. State, 12 Ga. 293; Price v. Seeley, 10 Clark & Finnelly, 28; Judson v. Reardon, 16 Minn. 431; People v. Morehouse, 6 N. Y. Supp. 763; 25 State Rep. 294. Subdiv. 2. Where an arrest is made by a private citizen without warrant, on a charge of a past felony, the general rule is that two things must concur which the party arresting must prove at his peril: (a) A felony must have been committed by some person. (b) Such private person must have had reasonable cause to believe the party arrested to be the guilty person. ALABAMA: Morrell v. Quarles, 35 Ala. 544. CANADA (UPPER): Rogers v. Van Valkenburgh, 20 Q. B. 220; McKenzie v. Gibson, 8 id. 100; Ashley v. Dundas, 5 K. B. (0. S.) 749; Patterson v. Scott 38 Q. B. 642. CONNECTICUT: Wrexford v. Smith, 2 Root, 171. ENGLAND: Lister v. Perryman, L. R., 4 H. L. 521; reversing L. R., 3 Exch. 197. GEORGIA: Habersham v. State, 56 Ga. 61; Long v. State, 12 id. 293. ILLINOIS: Dodds v. Board, 43 Ill. 95; Marsh v. Smith, 49 id. 396; Smith v. Donnelly, 66 id. 464. INDIANA: See Doering v. State, 49 Ind. 56. NEW JERSEY: Reuck v. McGregor, 32 N. J. Law, 70; Spencer v. Anness, id. 100. See Schroder v. Ehlers, 31 N. J. Law, 44. NEW YORK: Holley v. Mix, 3 Wend. 350; 20 Am. Dec. 702, 705, note; Burns v. Erben, 40 N. Y. 463; People v. Adler, 3 Park. 249; Brown v. Chadsey, 39 Barb. 253; Hawley v. Butler, 54 id. 490; 48 id. 101. NORTH CAROLINA: State v. Bryant, 65 N. C. 327. Where an arrest is made by a private citizen without warrant, on a charge of a past misdemeanor, the general rule is he has no right to do so. ILLINOIS: See Smith v. Donnelly, 66 Ill. 464. KENTUCKY: Jamison v. Gaernett, 10 Bush, 221. 184. Must inform the party of the cause of arrest, except when actually committing the offense or on pursuit after escape.- A private person, before making an arrest, must inform the person to be arrested of the cause thereof, and require him to submit, except when he is in the actual commission of the crime, or when he is arrested on pursuit immediately after its commission. Notice of arrest must be given expressly or by implication. 27 Cal. 572; 76 N. C. 10; 9 Coke, 65; 1 Moody C. C 207. So a private person arresting another must notify him of his intention. 65 N. C. 327. Not so, however, when party arrested was engaged in the commission of a crime. 27 Cal. 572. § 185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer.—A private person, who has arrested another for the commission of a crime, must, without unnecessary delay, take him before a magistrate, or deliver him to a peace officer. CHAPTER VI. RETAKING, AFTER AN ESCAPE OR RESCUE SECTION 186. May be at any time, or in any place in the state. 187. May break open a door or window, if admittance refused. § 186. May be at any time, or in any place in the state See 1 Bish. Crim. Proc., § 163; Cooper v. Adams, 2 Blackf. 294; Com. v. § 187. May break open a door or window, if admittance CHAPTER VII. EXAMINATION OF THE CASE, AND DISCHARGE OF THE DEFENDANT OR SECTION 188. Magistrate to inform defendant of the charge, and his right to 189. Time to send, and sending for counsel. 190. On appearance of counsel, or waiting for him a reasonable time 191. When to be completed; adjournment. 192. On adjournment, defendant to be committed, or discharged on 193. Form of commitment for examination. 194. Depositions, to be read on examination, and witnesses examined. 195. Examination of witnesses to be in presence of defendant, and witnesses to be cross-examined in his behalf. 196. Defendant to be informed of his right to make a statement. 197. Waiver of his right, and its effect. 198, 199. Statement, how taken. 200. How reduced to writing, and authenticated. 201. After statement or waiver, defendant's witnesses to be examined SECTION 205. Depositions and statement, how and by whom kept. 208. When and how to be committed. 209. Order for commitment. 210. Certificate of bail being taken. 211. Defendant to choose how he shall be tried. 212. Order for bail, on commitment. 213, 214. Form of commitment. 215. Undertaking of witnesses to appear, when and how taken. 218. Witness to be committed, on refusal to give security for appear. ance. 219. Witness, unable to give security, may be conditionally examined. 220. Justice's criminal docket. 221. Magistrate to return depositions, etc. § 188. Magistrate to inform defendant of the charge, and his right to counsel. When the defendant is brought before a magistrate upon an arrest either with or without warrant on a charge of having committed a crime, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had. See State Const., art. 1, § 6. "Right to aid of counsel, see § 8, ante. The provisions of this section are only applicable to proceedings prosecuted by indictment. People v. Cook, 45 Hun, 36. In People v. Mondon, 103 N. Y. 221; 4 N. Y. Cr. Rep. 561; 34 Alb. L. J. 436, defendant was an Italian laborer, having an imperfect understanding of the English language. He was under arrest, without warrant, charged with murder. A coroner's inquest was being held. The prisoner was taken by the sheriff, in whose custody he was, and whose power he could not resist, before the coroner's inquest then engaged in an investigation against himself. He did not go there voluntarily. He was sworn by the coroner as a witness; was without counsel, and without means to employ counsel. He was not informed that he could not be compelled to be a witness against himself, nor that he need not give an answer which would tend to criminate himself. Held, that the prisoner's attendance before the coroner was compulsory, and the testimony taken was involuntary and inadmissible under the Constitution. This case was distinguished in People v. Chapleau, 121 N. Y. Rep. 992. ; 30 State A person against whom an inquisition has been found by a coroner's jury, whether arrested before or after the filing thereof, is entitled to a hearing be |