, 1854-05-20

the Sheriff it shallslate the contictiopand
Judgment, and appoint day in which The
Judgment shph be executed which shah
not be less than thirty, nor more than pire-
I ty days from tie time Of Judgment i.,!-F
Sec 49, Tho punishment Of death pre-
scrihed by law must he Inflicted By hanging
by the neck. ~-'-,|.l --'s 4-.A!R :. a.
Sec. l54 The sheriff shall return ma
file with the clerk the warrant, with ass4te-
ment Of his idoings thcre6i, and the clerk
shall suhjOin a brief abstract Of such stdte-
tnent to the record Of conviction aiid sea-
tener 17 -. ..~aT ~ -7-Ao gl4
! Sec l55. Whenever the time rppofdtea
for the execution of sentence on a prisoner
shall have passed, either 10y reason of'the
sueing Out Of writ Of error, Or the taxing
Of an appeal or from The Escape Of. .the
prisoner or from any other cause, ltieid
trict court on the return Of the Judgement
affirmed, or at any term OF the court When
the prisoner shall be brought before them,
shall proceed to appoint day for the car
rying into effect Of the sentence Of death.
OF THE FINAL RECORD. is@9l
] EtC lOU 1uC CitIh vi tHG uIolI1Ct COuEI
shall make a final record Of all the pro-
ceedings in criminal prosecution, within
six months after the same shall have beeh
decided, which shall eentein q copy Of thb
minutes of the challenge to the paAhel Of
the grand jury, the Indictment, Journal en-
tires, pleadings, minutes Of challenges 20
pannel of petit jurors, judgnent, orders lef
decision, and bin Of exceptions Ac0 aoo
OF SUITS OF ERROR AND APPEAts. l'
Sec 1871 Every final Judgment; order,
or decision Of district court, in . erint-
nal prosecution, may be re-exainined upon
a writ Of error IN the same court for efFef
in fact, within one year, and in the supreme
court for error in law, within two years.
The writ may be sued out by the defendant
for all errors, and by the prosecuting attor-
ney, when the error complained of is N
quashing the indictment, or where q judg-
ment is arrested by reason of the facts, as
stated in the indictment, not constituting
crime or misdemeanor -'-.1ol
Sec 1853. Appeals may be taken from
any final judgment, from which o writ Of
error would lie, by the defendant and pros
eeutng attorney, as provided in the pFeee-
ding section, at the term Of the court ~
which the judgment was rendered. o9fi
Sec l59. Wr.ts OF error shall be sued
out and served in the same manner as no
! tice in civil actions; and when sued cut by
the defendant, shall be served on the pros
ecuting attorney, and when sued out by the
prosecuting attorney, on the defendant OF
his attorney, and returned as in civil DC
! tions E -1.s
Sec 16O The defendant on appeal or
writ of error, shall be entitled to tran
script Of the record, on payment of the fee
therefor and the transcript shall contain
copy Of the minutes Of the challenge to
the pannel Of the grand jury, the ihdiet-
ment Journal entries, pleadings, minutes OF
challenge TO panel Of petit JURORS, jdds-
ment, order decision, and bill Of except.
ions, certified to by the clerk, ss
Sec. lGl The transcript, when the WIT
Of error is sued cut, or the appeal taken
by the prosecuting attorney, shall contain
copy of the Indictment and the order,
decision, or Judgment Of the court from
which the appeal is taken, or on which et-
ror is TO be assigned. ..-
See. 1862 If the transcript shall not be
filed within sixty days, the appeal or writ
of error shall be dismissed, unless it shall
appear that the plaintiff in error or appel
liant was not in fault and the court rlay
order new transcript or further record TO
be certified to, ut any time, 80,
Sec. 1863 The supreme court may re-
verse, affirm, or modify the Judgment .dp-
peaed from, and may, Il necessary or prop
er, order new trial III either case, the
cause must be remanded to the court below
with proper Instructions, together with the
opinion of the court. But whenever any
judgment is affirmed, the court may order
it to be enforced by the proper officer.
I Sec. l64 On hearing Of writs Of error,
the supreme court shall examine all errors
assigned and on the hearing of appeals,
shall examine all errors and mistakes ex,
cepted to at the time, whether waived by
the strict rules Of law or not but the
court shall consider all amendments which
could have been made as made, and shall
give judgment without regard to technical
errors or defects, or to exceptions which do
not effect the substantial rights of the de-
fendant ~ ''-N
Sec. los. A writ Of error or appeal
may operate to stay proceedings in capi-
tai case, on the allowance Of a judge Of the
supreme court, aud after sufficient no ice to
the prosecuting attorney of the time aud
place of making the application and such
; order, certified to by the clerk of the district
court OF any county, under the seal thereof,
, when served on the sheriff, shall stay further
proceedings in the case.
Sec 1853. In any case in which party
is convicted Of felony, and an appeal is
taken, or q writ Of error obtained in behalf
Of said party, such appeal or writ of error
shall operate as a supercedeas, in 50 far -
l.. Il