Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-12-13

determine any question of law arising on
such information.
60. II upon an information filed before
The supreme court as aforesaid, the res
ponden, shall plead not guilty or any other
plea upon which an issue of fact shall be
joined, such information with a certificate
Of the proceedings thereon, shall be reno.
we'd to the county court for such county.
and be there tried in the same manner as
if bill of Indictment had been returned
against such respondent
6l. IL any person is actually confined in
jail by virtue Of complaint for crime mr.
mlsdemcanor, the county court for the
county IN which such person shall be con-
fined, may, on motion in writing of such
person, direct 90 information 10 be filed
against, him for such offence. and on such
information being filed, such court may
proceed in the trial of such person in the
same manner us if an indictment had been
presented against by the grand jury.
GO. The provisions Of the last three sec
tons shall not extend TO any crime for
which the punishment prescribed by law
is death.
63. III any person bound TO appear before
the county court on any criminal charge,
information or indictment, ehal not appear.
but forfeit his recognizapce, such court
shal order warrant to be issued from
time to time, 10 take the body of such per.
son for trial, and the surety of such person
shall have power to take and deliver him
up to the officer having such warrant. or
to the court that issued the same, and on
chancering such recognlzance, the court
shall consider the same 10 favor Of such
surety.
Ga. Every question Of law decided BY
the county court arising on demurrer, OF
unon trial by jury in a prosecution by
indictment or information for any crime
or mlsdemeanor, may. after verdict o
guilty is returned. be allowed and placed
upon the record. il the court upon consld
GRAFTON of the difficulty and importance o
such question shall so direct, and not ohe
wise and the same shall thereupon pas
to the supreme court for a final decision
and judgment, sentence and execution shal
be thereupon respIted and stayed
65. Exceptions to the decision OF tn,
county court upon any motion in arrest o
judgment made in prosecution by indie
ment or information may be allowed on
placed upon the record. if such court upoI
consideration Of the difficulty and impor
lance Of the question, shall so direct, an,
not otherwise, and the same shall thereup
on pass to the supreme court for fine
decision, and judgment, sentence, and exc
, culon shall thereupon be respl,ed an
STAYED.
&C. II, on inspection of the record in an
such cause. the supreme court shall be &
opinion that jud gment ought to be render
ed upon the verdict. such court shall pro
coed to render judgment and sentenc
thereon. according to law, and cause exc
cution thereof TO DE done ; otherwise tb
cause shall be removed to the count
court for trial. or judgment Of acquittt
shall be rendered by the supreme cour
, as law and justice may require.
J CT. No writ Of error shall be allowed
criminal cause, prosecuted by ndlclmer
or information,
When any person shal! be prosecuted b
indictment or information for ut,ering an
publishing any libel. or fer. defamipg III
I. civil authority Of this state, the responder
/. may plead the general issue, not guilt,
and may give in evidence to the jury tn
| truth of the words contained in such SUI
posed libel, or set forth in such ndlctmeI
or Information. and if the truth Of the wore
, contained in such supposed libel so set fort
in such indictment or information, al
proved to the satisfaction of the jury. the
Y they shall bring in their verdict not guilt
, 1.-THE foregoing chapter is now in force