Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-06-30


commitment of person charged with
an offence, or the taking of recogni-
zance for his appearance before the Pro-
bate Court.
Sec. 81. The second section of the
act entitled can act to punish betting on
elections, and for other purposes, /"
passed March Is, 1899, and the fifty
second section of can act for the punish
ment of certain offences therein named %
passed March 1s, 1881, are repealed.
Disposition Of fine.
Sec. 80. All fines imposed by the
Probate Judge for crimes, offences, or
misdemeanors, shall be paid into the
county treasury so soon as the same
shallbe collected.
Limitation Of criminal Jurisdiction.
Sec. S3. The provisions of this act
which relate to the exercise of criminal
jurisdiction by the Probate Courts, shall
not extend to any county in and for
which special criminal court is now,
or may hereafter be established by law:
Indictment not required.
Sec. 81. In no prosecution for crimes,
offences and misdemeanors, cognizance
of which is by this act conferred upon
Probate Courts, shall an indictment by
a grand jury be required; but in all
criminal cases brought before the Pro-
bate Court by filing recognizance and
transcript, as hereinbefore provided,
the Probate Judge shall Immediately
give notice to the Prosecuting Attorney
of his county, of the tendency of such
cause: and such prosecuting attorney
shall Immediately file with said Pro
bate Court an information setting forth
briefly but distinctly, in plain and ordi
nary language, the charge against the
accused person, on which charge such
person shall be tried.
amendments Allolred.
Sec. So Informations may be amend
ed at any time before or during the
trial, upon such terms as the court may
direct; and in all cases where such
amendment is material, the defendant
may elect to continue the case.
Defendant required to plead.
Sec. Sc. In the cases in which the
Probate Court shall have criminal juris-
diction when the defendant is brought
before the Probate Judge, the charge
against him shall be distinctly read to
him, and he shall be required to plead
thereto.
Sec. 81. The defendant may plead,
1.-Guilty:
2.-Not guilty:
3.-A former Judgment of convic-
ton or acquittal of the offence charged,
which may be pleaded either with or
without the plea of not guilty.
Sec. 80. Every plea shall be oral,
and shall be entered on the minutes of
the court in substantially the following
form:
1.-If the defendant plead guilty
"the defendant pleads that he is guilty
of the offence charged against him."
2.-To grant and revoke letters tes-
tamentary, and of administration:
ST. he plead a former conviction
or acquittal-''the defendant pleads
that he has already been convicted or
acquitted, as the case may bel of the
offence charged against him, by the
Judgment of the court of - nam
ing it ordered at nam
ing the Placel on the day of
Sec. 80. The court may at any time
before judgment, upon plea of guilty,
permit lit to be Withdrawn, and plea
of not guilty substituted.
Sec. 40. The plea of not guilty shall
be deemed a 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 refuses to
answer the information, a plea of not
guilty shall be entered.
Sec. AZ. Upon plea other than a
plea of guilty, if the defendant do not
demand trial by jury, the Probate
Judge shall proceed to try the issue.
Defendant may demand Jury.
Sec. 43. Before the court shall have
heard any testimony upon the trial, the
defendant may demand trial by jury.
Judgment on plea Of gully.
Sec. A. When the defendant pleads
guilty, or is convicted either by the
Probate Judge or by Jury, the Pro-
bate Judge shall render Judgment
thereon, of fine or Imprisonment, or
both, according to law.
# acquitted defendant to be discharged.
Sec. As. When the defendant is ac-
quilted, either by the Probate Judge or
by Jury, he shall be Immediately dis
charged; and if the Probate Judge GER
tify in his minutes, that the prosecution
was malicious or without probable
cause, he may order the prosecutor to
pay the costs of the proceedings, and
enter up Judgment therefor, which |
may be enforced by execution.
When Prosecuting Attorney may enter
Solls prosequi.
Sec. 46. The Prosecuting Attorney,
if he be satisfied that the State will fail
in the action, or if the prosecutor re-
fuse to endorse the information when