The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-06-17

against him shall beyIlisiinclIy read 10
lhlm, aud he shall bs required 10 plead
thereto.
Sec. 81. Tie defendan. may plead.
1 l.. Guilty;
2. Not Guilty:
3. A former judgment Of conviction
OF acqui,ial Of the oiEsnsc charged, which
t.may 10 pleaded either with OF without.
the Plea 81 not guilty.
Sec. 80. Every plea shall be oral,
snd shallbe entered on the minutes OF
the court in substantially the following
form:
l. II the defendant pleads guilty.
"ihe dsiShdan, pleads ,ha, he is apil,y
Of the offsnse charged against him.
@. lf he plead not guilty, --Athe de-
fendant pleads that he is no, guilty 81
The oGsnsc charged against him.
5. If he pleud former conviction o.
acquitial- --s'iks defendant pleads iha. he
has already been convicted Or acquitted,
as the cnse may be-, ofithe oiEcnss
charged agains. him, blythe Judgment Of
the cour, Off,, (aaming ~ ordered ai
--- (naming the place) on the - day
Of ." -
Sec. 80. The court may al any time
before judgment, upon a plea Of guilty,
permit iii 10 be withdraw, and a Plea oI
not guilty substituted, ys
Sec. 40. The plea Of no, guilty sLRlf
be deemed denial Of every material
aIIega,ion IL the infftnaiion, and all
matters Of fact, lending to establish a
defence, may Be given in eyidence under
the plea Of not guilty. s IN,
Sec. Al. II the defendant refuse 10
answer the information, a plea Of not
guilty shall be entered. aal9d ~ .e
Sec. 42 Upon plea other ihan q
plea Of guilty, il the defendant do not
demand trial by jury, the probate judge
shall proceed 10 Try the issue.
Sec. 43. Before The court shall have
heard any testimony upon the trial, the
defendant may demand uial by jury.
Soc. A., When lbe defendant pleads
guilty, or Is convicted either by the
probate Judge or by a jury the probate
| Judge shall render judgnsn. thereon, Of
fne OF imprisonment, or both, according
TO law. saa 6as eeyg "a ass
Sec. as. When the defendant is ac-
quilted, either BY IAe probate Judge Or BY
a jury, he shall be Immediately dis
charged: and il the probate Judge certify
in bis minutes, that the prosecution was
malicious or without probable cause, he
may order the prosecutor TO pay the cost
Of the proceedings, and enter up j'idgss
ment therefor, which may be enforced BY
execution.l9 l9ag gaQ a llae si
Sec. 40. The prosecuting attorney.
if he be satib6ed that she State will fail
in the action. or If the prosecutor refuse
10 endorse the information when required
30 10 do, may enter nolle prosequii upon
the Information. S @
Sec. Az. The probate Judge shall be
paid for his services, in criminal cases,
such sum as the commissioners. .of she
county may allow, no. less than one
hundred dollars per annum In any coun.
~, nor more than three hundred dollars
10 any county containing less than fifty
thousand inhabitants, which sum shall be
payable at the county treasury; and the
probate Judge shall not receive any cons
pensa,ion by way Of fees, for services In
criminal business, in addition 10 the
compensation herein pro;ided for: Pro,
pided kowcuer. the said probate Judge
shall tax, ia all criminal case, the fees 10
which he would otherwise be entitled,
and all other costs Of the proceedings,
which shall, when collected, together
with all fines, be paid into the county
treasury.
z Sec. AS. IL the exercise of its crim>
inu! jurisdiction, the probate court shall
be considered as holding monthly terms,
each commencing Gu the first Monday Of
the month.
Sec. 40 One hundred and eight
judicious pefsons, Having the qualifca-
tons OF electors, shall be- annually
selected in each county 10 attend as
Jurors in tie probate court, in the manner
prescribed by law for the selection Of
jurors 10 attend the cour, Of common
pleas, and such separate list shall be
daliverod IN The DYobate iud6a bvl the