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The attorney general is hereby authorized and empowered to administer the necessary oaths and affirmations to such witnesses. (382, S. L. 1917.)

368. Per Diem and Mileage All witnesses subpoenaed or used by the attorney general in such special investigation, or upon the hearing of the complaint or petition in the district court, or the Supreme Court, shall be entitled to receive the same per diem and mileage as is allowed witnesses in the district court of the state said fees to be paid by the attorney general out of any funds of his office available for such purpose. (382, S. L. 1917.)

369. Contempt-Any disobedience to such subpoena, or refusal to answer any proper question propounded by the attorney general at such inquiry shall be a misdemeanor, and shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment. L. 1917.)

(382, S.

370. Exemption From Incriminating Evidence; Witnesses -No person shall be excused from testifying before said attorney general, magistrate, or notary public, at any such investigation, or be excused from testifying in any proceeding brought in any court of competent jurisdiction under the provisions of this act, on the ground that his testimony may tend to incriminate him; but no person shall be prosecuted, or subjected to any penalty, or forfeiture for or on account of any transaction, matter, or thing, concerning which he may testify or produce evidence; nor shall such testimony be used against him for any crime or misdemeanor under the laws of this state, or in any subsequent civil proceeding against said witness. (382, S. L. 1917.)

371. Attorney-General; Power Of-The attorney general shall have power and is hereby authorized on his own initiative, when he has reason to believe that the gambling or prohibitory liquor laws, or other penal statutes, of the state, are being openly and notoriously violated in any county of the state, or subdivision thereof, to institute proceedings in ouster against any and all officers mentioned and included within the terms of this act, whose duties charge them with the enforcement of the laws of this state, as fully as he is hereinbefore authorized to do. (382, S. L. 1917.)

372. Jury in Supreme Court; Limitation On Costs-Upon the trial either party shall be entitled to a jury, and if the cause be tried in the Supreme Court of the state the jury shall

be drawn and empaneled in the manner now provided by law for drawing and empaneling juries in the Supreme Court of the state, provided that not more than two jurors from the same county shall serve thereon, and provided further, that in the event of the acquittal of the accused all the costs of the action shall be taxed against the state. (383, S. L. 1917.)

373. Motion to Suspend; Evidence-The evidence procured by the attorney general upon the separate investigations and examination of witnesses herein authorized to be made, may be presented by him on the motion to suspend the officer. The attorney general and the defendant shall have the right to take depositions of witnesses to be used in said action, upon the giving of five days' written notice to the adverse party of the time and particular place when and where such witnesses will be examined, and the name of the officer before whom they will be examined. (383, S. L. 1917.)

374. Prima Facie Evidence-Proof that any of the penal statutes of the state which any such officer is enjoined by law to enforce, have been openly and notoriously violated within the jurisdiction of such officer shall be prima facie evidence of wilful official misconduct on the part of such officer and unless controverted shall be sufficient ground for suspension or removal under the terms of this act.

Provided, nothing in this act shall relieve the state of the burden of proving the allegations against the accused by a preponderance of the evidence. (383, S. L. 1917.)

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375. Style of Prosecutions-All prosecutions shall be carried on in the name and by the authority of "The State of Oklahoma." All indictments, informations, and complaints shall conclude, "Against the Peace and Dignity of the State." (Sec. 19, Art. 7, Const.)

Not necessary that an indictment or information contain the word "The" before the words "State of Oklahoma", nor to contain the words "in the name and by the authority of the State of Oklahoma." But it is better pleading to use these terms. Caples v. State, 3 Okla. Cr. 72, 104 P. 493; Arie v. State, 1 Okla. Cr. 667, 100 P. 23; Gragg 1. State, 3 Okla. Cr. 409, 106 P. 350; Caples v. State, 3 Okla. Cr. 621, 105 P. 618; Remer v. State, 3 Okla. Cr. 706, 109 P. 247.

376. Prosecutions by Indictment or Information-No person shall be prosecuted criminally in courts of record for felony or misdemeanor otherwise than by presentment or indictment or by information. (Sec. 17, Art. 2, Const.)

See, also, Secs. 244, 247, 248, 249.

377. Forms and Rules of Pleading-All forms of pleading in criminal actions, and rules by which the sufficiency of pleadings is to be determined, are those prescribed by this code. (5736, R. L. 1910.)

378. Indictment Defined-An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense. (5717, R. L. 1910.)

379. Words, How Construed-The words used in an indictment or information must be construed in their usual acceptation, in common language, except words and phrases defined by law, which are to be construed according to their legal meaning. (5744, R. L. 1910.)

380. Names of Witnesses Indorsed on Indictment-When an indictment is found, the names of the witnesses examined before the grand jury must be indorsed thereon before the same is presented to the court; but a failure to so indorse the said names shall not be sufficient reason for setting aside the indictment, if the county attorney or prosecuting officer will, within a reasonable time, to be fixed by the court, indorse the names of the witnesses for the prosecution on the indictment. The court or judge may, at any time, direct the names of additional witnesses for the prosecution to be indorsed on the indictment, and shall order that such names be furnished to the defendant or his counsel. (5733, R. L. 1910.)

When names of witnesses are known to county attorney, they should nor be permitted to testify unless endorsed on the charge, but the court may permit the endorsement after the trial has commenced unless such would result in some disadvantage to defendant, in which event it would be an abuse of discretion, is the holding in effect in the following: Colbert v. State. 4 Okla. Cr. 500; Hyde v. Terr., 8 Okla. 69: Cochran et al. v. U. S., 14 Okla. 108; Vance v. Terr., 3 Okla. Cr. 208, 105 P. 303; Steen et al. v. State, 4 Okla. Cr. 309; Hawkins v. State, 6 Okla. Cr. 308, 116 P. 607; Hughes v. State, 7 Okla. Cr. 118, 122 P. 554; Clark v. State, 5 Okla. Cr. 189, 113 P. 992; Hawkins v. State, 6 Okla. Cr. 308, 116 P. 607; Hawkins v. State, 7 Okla. Cr. 385, 123 P. 1024; Bigfeather v. State, 7 Okla. Cr. 364, 123 P. 1026; Star v. State, 9 Okla. Cr. 210, 131 P. 542: Ghormley v. State, 11 Okla. Cr. 532; Grayson v. State, 12 Okla. Cr. 226, 154 P. 334; Waller v. State, 13 Okla. Cr. 450, 164 P. 1151; Nelson v. State, 5 Okla. Cr. 368, 114 P. 1124; Ford et al. v. State, 5 Okla. Cr. 240 114 P. 273: Wood v. State, 11 Okla. Cr. 176, 144 P. 391. Not necessary to indorse witness called to prove documentary evidence. Cook v. State, 6 Okla. Cr. 478.

Note the difference in the requirements of indorsement of witness in felony and misdemeanor cases. Star v. State, 9 Okla. Cr. 210, 131 P. 542.

381. Constitutional Rights-He (defendant) shall have the right to be heard by himself and counsel, and in capital cases, at least two days before the case is called for trial, he shall be furnished with a list of the witnesses that will be called in chief, to prove the allegations of the indictment or information, together with their postoffice address. (Sec. 20, Art. 2, Const.)

The manner in which names of witnesses is furnished is immaterial. Manning v. State, 7 Okla. Cr. 368, 123 P. 1029.

Defendant may waive his right to be furnished names of witnesses, together with their address. Franklin v. State, 9 Okla. Cr. 178, 131 P. 183; Robbins v. State, 12 Okla. Cr. 294

Defendant is entitled to a list of witnesses without any demand on his part. Spess v. State, 13 Okla. Cr. 277, 164 P. 131.

Where list of witnesses is timely served, the endorsement may be made at any time before trial commences, or after the trial has commenced. Smith v. State, 5 Okla. Cr. 282, 114 P. 350; Carnes v. State, 14 Okla. Cr. 586.

Not necessary to endorse a witness who is called to prove absence of another witness in order to use his testimony taken at a preliminary. Beshir v. State, 14 Okla. Cr. 578.

382. Indictment Presented and Filed-An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk, and remain in his office as a public record. (5734, R. L. 1910.) Disclosing Indictment, see sec. 1640.

383.Indictment or Information Is First Pleading—The first pleading on the part of the State is the indictment or information. (5737, R. L. 1910.)

384. Requisites of Indictment or Information-The indictment or information must contain:

First. The title of the action, specifying the name of the court to which the indictment or information is presented, and the names of the parties.

Second. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended. (5738, R. L. 1910.)

A preliminary examination, or waiver thereof, is a prerequisite to the jurisdiction of district court in a prosecution for felony by information. Bandy v. State, 13 Okla .Cr. 468, 165 P. 616; Norwood v. State, 14 Okla. Cr. 637, 169 P. 656.

Examining magistrate may complete his transcript at any time before trial commences. Norwood v. State, 14 Okla. Cr. 637, 169 P. 656. Need not allege that defendant has had or waived preliminary. Caples v. State, 3 Okla. Cr. 72, 104 P. 493; Wood v. State, 3 Okla. Cr. 553, 107 P. 937; Davis v. State, 4 Okla. Cr. 508; Heacock et al. v. State, 4 Okla. Cr. 606; Hughes v. State, 7 Okla. Cr. 117, 122 P. 554; McDaniel v. State, 8 Okla. Cr. 209, 127 P. 358; Tucker v. State, 9 Okla. Cr. 587, 132 P. 825; Sayers v. State, 10 Okla. Cr. 195, 135 P. 944.

385. Indictment or Information Must Be Certain and Direct -The indictment or information must be direct and certain as it regards:

First. The party charged.

Second. The offense charged.

Third. The particular circumstances of the offense charged,

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