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.

Id. § 71.

§ 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.

Id. § 73.

§ 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 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. 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.

§ 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.

3 R. S. 1013, §§ 69, 70.

§ 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.

Id. §§ 68, 69.

§ 768. [am'd 1895.] If new trial ordered, to be had in court of sessions, 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 291 of the Penal Code, the new trial shall be had before the county court without a jury.

§ 769. [am'd 1895.] 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.

§ 770. [am'd 1895.] On judgment of county court defendant may appeal to appellate aivision. 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.

§ 771. [am'd 1895.1 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 519 of this Code.

§ 772. [am'd 1895.] Proceedings to carry into effect judg ment 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.

PART VI.

OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE.
TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS.
II. OF SEARCH WARRANTS.

III. OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON.
IV. OF PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE.

V. OF PROCEEDINGS RESPECTING BASTARDS.

VI. OF PROCEEDINGS RESPECTING VAGRANTS.

VII. OF PROCEEDINGS RESPECTING DISORDERLY PERSONS.

VIII. OF PROCEEDINGS RESPECTING SUPPORT OF POOR PERSONS.

IX. OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES AND
SERVANTS.

X. OF CRIMINAL STATISTICS.

XI. MISCELLANEOUS PROVISIONS RESPECTING PROCEEDINGS

CRIMINAL NATUKE.

TITLE

OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS.

ECTION 773. In what cases coroners to summon a jury; number of jurors to be

summoned.

774. Jury to be sworn.

775. Witnesses to be subpoenaed.

776. Compelling attendance of witnesses, and punishing their disobedi

ence.

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
copy of the same and of testimony returned therewith.
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 of coroners.

§ 773. [am'd 1899.] 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 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, be 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 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 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 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 perons, 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 ary person, or persons, association, or corporation, or where it appears that the killing or woun ing has been occasioned, directly or indirectly, by the employer of said coro er.

§ 774 repealed by chap. 464, L. 1899. Taking effect Sept. 1, 1899.

§ 775. Witnesses to be subpoenaed. The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint. He must summon and examine as witnesses, every person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death or wounding.

Id. 6.

§ 776. Compelling attendance of witnesses, and punishing their disobedience. A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, as upon a subpoena issued by a magistrate, as provided in this Code.

3 R. S. 1039, 27.

§ 777. [am'd 1899.] Verdict of the jury.-After inspecting the body and hearing the testimony, the coroner must render his decision, or if in a county where a jury is summoned as provided in section seven hundred and seventy-three, the jury must render their verdict, and certify it by an inquisition or decision in writing, signed by him or them as the case may be, and setting forth who the person killed or wounded is, and when, where and by what means he came to his death, or was wounded; and if he were killed, or wounded, cr his death were occasioned by the act of another, by criminal means, who is guilty thereof, in so far as by such inquisition he or such jury has been able to ascertain.

§ 778. [am'd 1899.] Testimony how taken and filed.—The testimony of the witnesses examined before the coroner or the jury must be reduced to writing by the coroner, or under his direction, and must be forthwith by him, with the inquisition, or decision, filed in the office of the clerk of the county court of the county, or of a city court, having power to inquire into the offense by the intervention of a grand jury.

§ 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned. If, however, the defendant be arrested before the inquisition can be filed, the coroner must deliver it with the testimony,

to the magistrate before whom the defendant is brought, as provided in section 781, who must return it with the depositions and statement taken before him, in the manner prescribed in section 221.

§ 780. [am'd 1899.] Warrant for arrest of party charged by verdict.-If the coroner or jury, where a jury is summoned finds that the person was killed or wounded by another, under circumstances not excusable, or justifiable, by law, or that his death was occasioned by the act of another, by criminal means, and the party committing the act be ascertained by the inquisition or decision, and be not in custody, the coroner must issue a warrant, signed by him with his name of office, into one or more counties, as may be necessary, for the arrest of the person charged.

§ 781. [am'd 1899.] Form of warrant.—The coroner's warrant must be in substantially the following form: County of Albany (or as the case may be). In the name of the people of the state of New York, to any sheriff, constable, marshal or policeman in this county: An inquisition having been this day found by a coroner's jury before me (or a decision having been made by me) stating that A B has come to his death by the act of C D by criminal means (or as the case may be), as found by the inquisition (or decision ;) or information having been this day laid before me that A B has been killed or dangerously wounded by C D by criminal means (or as the case may be), you are hereby commanded forthwith to arrest the above named C D and bring him before me, or in the case of my absence or inability to act, before the nearest or most accessible coroner in this county. Dated at the city of Albany (or as the case may be), this.... day of......

E. F.

Coroner of the county of Albany (or as the case may be).

§ 782. Warrant, how executed. The coroner's warrant may be served in any county; and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information; except, that when served in another county, it need not be indorsed by a magistrate of that county.

§ 783. [am'd 1887.] Proceedings by magistrate. The magistrate, or coroner, when the defendant is brought before him, must proceed to examine the charge contained in the inquisition or information, and hold the defendant to answer or discharge him therefrom, in the same manner in all respects as upon a warrant of arrest on an information.