Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-30

county, oil the pendency OF such cause; and
such prosecuting attorney shall Immediately
ile with said Probate Court an information
setting forth briefly but distinctly in plain
and ordinary language, the charge against
the accused person, on which charge such
person shall be tried.
amendments AUowea
Sec 95. Informations may be amended at
any time before or during the trial, upon such
terms as the court may direct; and in all ca
ses where such amendment is material, the
defendant may elect to continue the case.
Defendant required to plead.
Sec SO. In the cases in which the probate
Court shall have criminal jurisdiction when
tie defendant is brought before the Probate
Judge, the charge against him shall be dis
tinctly read to him, and he required to plead
thereto
Sec. 81 The defendant may plead:
Guilty:
Mot guilty:
"a former judgment Of conviction or
scquittal of the offence charged, which may
be placed either with or without the plea OF
not guilty.
Sec. 80. Every plea ahall be oral, and
shall be entered on the minutes Of court
in substantially the following FORM
l.--lf the defendant plead guilty-the de.
fendant pleads that he is guilty of the offence
charged against him"
2.-To grant and revoke letters testament
tary, and of administration.
3.--If he plead former conviction or ac-
quittal-'lhc defendant pleads that be has
already been convicted or acquitted. as the
case may bel of the offence charged agnst
him, by the judgmena of the court f,
naming it --ordered at naming
the place on the---day o."
Sec. 81. The court may at any time before
judgment upon plea Of guilty. permit Il; to
be withdrawn and a plea Of not guilty subst-
tuted.
Sec. 40 The plea of not guilty shall be
deemed denial of every material allegation
in the information, and all matters of fact,
tending to establish a defence, may be given
in evidence under the plea of not guilty.
Sec. Al. If the defendant refuse to answer
the information, plea of not guilty shall be
entered.
Sec Az Upon plea other than plea of
guilty. if the defendant do not demand trial
by jury, the Probate Judge shall proceed 10
try The issue.
Defendant may demand jury.
| Sec. 43 Before the court shall have heard
any testimony upon the trial, the defendant
may demand IA trial by jury.
Judgment on plea Of Guilty.
Sec. 45 When the defendant pleads gull
ty, or is convicted either by the Probate
Judge shall render judgment thereon Of fine
er Imprisonment, or both according TO law.
If acquitted defendant to be discharged
Sec. 45. When the defendant is acquitted,
either by the Probate Judge or by "A Jury, he
shall be imediateIy discharged. and if the
Probate Judge certify in his minutes, thai
the prosecution was malicious or without prob
able cause, he may order the prosecutor to
pay the costs Of the proceedings, and enter
up judgement therefor, which may be enforc
ed by execution.
Vhen Prosecuting attorney may enter mol
le proSequ
Sec. 46. The Prosecuting attorney, if bl
be satisfied that the State will fail in the ac
ton, or if the prosecutor refuse TO endorse
the information when required so 20 do, may
enter a nolle prosequi upon the information.
Fees Of Judges az criminal cases.
Sec Al. The Probate Judge shall be paid
for his services, in criminal cases, such sun
as the commissioners Of the county may allow
not less than 500 per annum in any
county, nor more than three hundred dollar,
in any county containing less than Gfty-thou-
sand inhabitants, which sum shall be payable
at the county treasury and the Probate judy,
shall not receive any compensation By way
of fees, for services in criminal business, il
addition to the compensation herein provided
/, for Provided, however, the said probat,
; Judge shall tax in nl criminal cases, the fee;
to which he would otherwise be entitled, an4
all other costs of the proceedings, which shall
when collected, together with all fnes, bt
paid into the couny treasury.
Terms Of Court
Sec. 4s. In the exercise ofits criminal ia
riSdictiou, the Probate court shall be consid-
cred as holding monthly terms each com
mencing on the first Monday. OF the month.
HoW Jurors selected
Sec. 40. One hundred and eight julicious
persons, having the qualifications of electors
shall BE- annually selected in each county to
attend as jurors in the probate court, in the
| HhH''ncI piCSNil'Vu W Jaw lot A"S SViSCil"H VI
\ jurors to attend the court of common please
and such separatr list shall be delivered Il
the Probate Judge by the trustees or Judge
Of election at the same time the list for the
court of common pleas is required to be de-
livered to the clerk Of that court; and the
persons named in the list delivered TO the
Probate Judge serve as jurors in The probate
court under the provisions of this act: Pro-
vided. that prior to the selection and return
of such Jurors FIR the year 1858. as provided
by law, said probate court shall cause to be
summoned for each term the proper number
of persons haVing the required qualifications
TO serve as jurors for such term.
Sec. 81. The names Of the persons selec
ted to serve as Jurors in the probate cour
shall be written on separate pieces of paper
and deposited in box to be provided at the
expense of the county, and at least ten days
before term of the probate court. unless BY
a written entry in his minutes the Judge sha
! diananea with or Doatnnna the atfanAnuca IA