CHAPTER II.

AN ACT

TO REGULATE PROCEEDINGS IN CRIMINAL CASES IN THE COURTS OF JUSTICE IN THE TERRITORY OF IDAHO.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

I. GENERAL DEFINITIONS AND PROVISIONS.

SECTION 1. Crimes defined.

2. Public offenses, how divided.

5. No punishment, except on conviction.

6. Prosecutions by indictment; exceptions.

7. Criminal actions, how prosecuted.

10. Rights of defendants; second prosecution for same offense.
12. Self crimination.

13. Mode of conviction.

SECTION 1. A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments: First. Death. Second. Imprisonment. Third. Fine. Fourth. Removal from office. Fifth. Disqualification to hold any office of honor, trust, or profit under the laws of this territory.

SEC. 2. Public offenses are divided into: First. Felonies. Second. Misdemeanors.

SEC. 3. A felony is a public offense punishable with death, or by imprisonment in the territorial prison.

SEC. 4. Every other public offense is a misdemeanor. SEC. 5. No person can be punished for a public offense except upon legal conviction in a court having jurisdiction.

SEC. 6. Every public offense must be prosecuted by indictment, except: First. When proceedings are had for the removal of a civil officer of the territory. Second. Offenses arising in the militia when in actual service in time of war, or which this territory may keep, with the consent of congress, in time of peace. Third. Offenses tried in justices' courts.

SEC. 7. The proceedings by which a party charged with a public offense is accused and brought to trial and punishment, shall be known as a criminal action.

SEC. 8. A criminal action shall be prosecuted in the name of the people of the United States in the territory of Idaho, as a party against the party charged with the offense.

SEC. 9. The party prosecuted in a criminal action is designated in this act as the defendant.

SEC. 10. In a criminal action the defendant is entitled: First. To a speedy and public trial. Second. To be allowed counsel, as in civil actions, or he may appear and defend in person, or with counsel; and Third. To produce witnesses on his behalf, and to be confronted with the witnesses against him in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate, and the testimony taken down in writing, and subscribed by the witness in the presence of the defendant, who has, either in person or by counsel, cross-examined, or had an opportunity to cross-examine the witness, or where the testimony of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined, or had an opportunity to cross-examine the witness, the deposition of such witness may be read upon its being satisfactorily shown to the court that he is dead. or insane, or cannot, with due diligence, be found within the territory.

SEC. 11. No person shall be subject to a second prosecution for a public offense, for which he has once been prosecuted and duly convicted or acquitted.

SEC. 12. No person shall be compelled, in a criminal action, to be a witness against himself; nor shall a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge.

SEC. 13. No person can be convicted of a public offense, tried by indictment, unless by the verdict of a jury, accepted and. recorded by the court, or upon a plea of guilty, or upon judgment against him on a demurrer to the indictment in the case, mentioned in section two hundred and ninety-two.

II. PREVENTION OF PUBLIC OFFENSES.

SECTION 14.

Resistance to commission of crime, etc.

16.

Other persons may aid.

17. Prevention of offenses by public officers and other persons.

19. Complaint for threatening offense; examination of, etc.

21. Magistrate to issue warrant; how to be directed.

22. Hearing evidence in writing; complaint to be dismissed.

24. Surety to keep the peace, when required; amount of bond.

25. Commitment on failure of bond, etc.

26. Same, on discharge of; bond to be filed.

28. Breach of peace in presence of magistrate; bond to keep the peace,

30.

when forfeited.

Bond, when to be prosecuted; evidence of breach of bond.

32. No other security required.

33. Police in cities and towns.

34. When sheriff may command assistance.

36. Registers of process to be reported; refusal to assist officer, misdemeanor. 38. Governor to aid sheriff.

40. Refusal to aid officer, misdemeanor.

41. Officer neglecting to aid in quelling riot, misdemeanor.

42. Officer may command aid.

43. Armed force, by whose orders to act.

44. Orders for troops to suppress unlawful assembly, by whom made.

45. Order to be obeyed.

46. Governor may proclaim county in state of insurrection.

47. Revocation of such proclamation.

48. Resisting authorities after such proclamation; punishment.

SEC. 14. Lawful resistance to the commission of a public offense may be made: First. By the party about to be injured. Second. By other parties.

SEC. 15. Resistance sufficient to prevent the offense may be made by the party about to be injured: First. To prevent an offense against his person, or his family, or some member thereof. Second. To prevent an illegal attempt, by force, to take or injure property in his lawful possession.

SEC. 16. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.

SEC. 17. Public offenses may be prevented by the intervention of the officers of justice: First. By requiring surety to keep the peace. Second. By forming a police in cities and towns, and by requiring their attendance in exposed places. Third. By suppressing riots.

SEC. 18. Whenever the officers of justice are authorized to act in the prevention of public offenses, other persons who, by their command, act in their aid, are justified in so doing.

SEC. 19. A complaint may be laid before any of the magistrates mentioned in section one hundred and two, that a person has threatened to commit an offense against the person or property of another.

SEC. 20. When the complaint is laid before the magistrate, he shall examine, on oath, the complainant and any witness he may produce, and shall take their depositions in writing, and cause them to be subscribed by the parties making them.

SEC. 21. If it appear from the depositions that there is just reason to fear the commission of the offense threatened by the person so complained of, the magistrate shall issue a warrant directed generally to the sheriff of the county, or any constable, marshal, or policeman in the territory, reciting the substance of the complaint, and commanding the officer forthwith to arrest the person complained of, and bring him before the magistrate.

SEC. 22. When the person complained of is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The evidence must be reduced to writing, and subscribed by the witnesses.

SEC. 23. If it appear that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of shall be discharged.

SEC. 24. If, however, there be just reason to fear the commission of the offense, the person complained of may be required to enter into a bond, in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the people of this territory, and particularly toward the complainant. The bond shall be valid and binding for six months, and may, upon. the renewal of the complaint, be extended for a longer period, or a new bond may be required.

SEC. 25. If the bond required by the last section be given, the party complained of shall be discharged. If he do not give it, the magistrate shall commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same.

SEC. 26. If the person complained of be committed for not giving the bond required, he may be discharged by any magistrate, upon giving the same.

SEC. 27. A bond given, as provided in section twenty-four, must be filed by the magistrate in the office of the clerk of the district court.

SEC. 28. Any person who, in the presence of a court, or magistrate, shall assault, or threaten to assault another, or to commit any offense against his person or property, or who shall contend with another with angry words, may be ordered by the court or magistrate to give security, as is provided in section twenty-four, or, if he refuse to do so, may be committed, as provided in section twenty-five.

SEC. 29. A bond to keep the peace shall be deemed broken on a conviction of the person complained against of a breach of the peace.

SEC. 30. Upon the attorney's producing evidence of such conviction to the district court of the territory of Idaho, the court shall order the bond to be prosecuted, and the attorney shall thereupon commence an action on the same, in the name of the people of this territory.

SEC. 31. In the action, the offense stated in the record of conviction shall be alleged as the breach of the bond, and shall be conclusive evidence thereof.

SEC. 32. No security to keep the peace, or to be of good behavior, shall be required except as herein prescribed.

SEC. 33. The mayor, or other officer, having the direction of the police in a city, town, or village, shall order a force sufficient to keep the peace to attend any public meeting, when he is satisfied that a breach of the peace is to be apprehended.

SEC. 34. When a sheriff, or other officer authorized to execute process, shall find, or have reason to apprehend, that resistance will be made to the execution of his process, he may command as many male inhabitants of his county as he may think proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the resisters, and their aiders and abettors, to be punished according to law.

SEC. 35. The officer shall certify to the court from which the process is issued, the names of the resisters, their aiders, and abettors, to the end that they be proceeded against for their contempt of court.

SEC. 36. Every person commanded by a public officer to assist him in the execution of process, as provided in section thirty-four, who shall, without lawful cause, refuse or neglect to obey the command, shall be deemed guilty of a misdemeanor.

SEC. 37. If it appear to the governor that the power of any county is not sufficient to enable the sheriff to execute process delivered to him, he shall, on the application of the sheriff, order such military force from any other county or counties as shall be necessary.

SEC. 38. When six or more persons, whether armed or not, shall be unlawfully or riotously assembled, the sheriff of the county and his deputies, or the constables of the county and the justices of the peace, shall go among the persons so assembled, or as near to them as possible, and shall command them, in the name of the people of the United States and Territory of Idaho, immediately to disperse.

SEC. 39. If the persons assembled do not immediately disperse, the magistrates and officers shall arrest them, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county.