shall perform labor on public road or highway or remain in prison. (S. L. 1913, 203)

Defendant cannot be committed for nonpayment of fine unless he be accordingly sentenced. Ex parte Roller, 3 Okla. Cr. 384, 106 P. 548.

474. Punishment by Electrocution-The punishment of death must be inflicted by electrocution. (S. L. 1913, 206)

475. Death Warrant-Contents-When judgment of death is rendered the judge must sign and deliver to the sheriff of the county a warrant duly attested by the clerk, under the seal of the court, stating the conviction and judgment and appointing a day on which the judgment is to be executed, which must be not less than 60 nor more than 90 days from the time of the judgment and must direct the sheriff to deliver the defendant within 10 days from the time of judgment to the warden of the state prison at McAlester, in this state, for execution. (S. L. 1913, 206)

476. Same Governor to Be Informed-The judge of a court at which a conviction requiring a judgment of death is had must, immediately after the conviction, transmit to the governor, by mail or otherwise, a statement of the conviction and judgment and of the testimony given at the trial. (5968 R. L. 1910)

477. Governor May Require Opinion of Appellate JudgesThe governor may thereupon require the opinion of the judges of the Criminal Court of Appeals, or any of them, upon the statement so furnished. (5969 R. L. 1910)

An opinion rendered under the terms of this section, has no force as an adjudication, and at most is only advisory. Opinion of the judges, 3 Okla. Cr. 315, 105 P. 684; 6 Okla. Cr. 210, 118 P. 156; 8 Okla. Cr. 467, 128 P. 734.

Constitutionality of this section questioned. Opinion of the Judges, 25 Okla. 76, 105 P. 325.

478. Suspension of Death, by Whom-No judge, court, or officer, other than the Governor, can reprieve or suspend the execution of the judgment of death, except the warden of the said state prison to whom he is delivered for execution in the cases provided in the next seven sections, unless an appeal is taken. (S. L. 1913, 207.)

479. Defendant Insane-If, after his delivery to the warden. for execution, there is good reasons to believe that a defendant under judgment of death has become insane, the warden must call such facts to the attention of the county attorney of the county in which the prison is situated, whose duty is to im

Imediately file in the district or superior court of such county a petition stating the conviction and judgment and the fact that the defendant is believed to be insane and asking that the question of his sanity be inquired into. Thereupon the court must at once cause to be summoned and impaneled from the regular jury list a jury of twelve persons to hear such inquiry. (S. L. 1913, 207)

480. Witnesses for Inquisition-The county attorney must attend the inquisition, and may produce witnesses before the jury, for which purpose he may issue process in the same manner as for witnesses to attend before the grand jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the court. (5972 R. L. 1910)

481. If Defendant Be Found Insane-The verdict of the jury must be entered upon the minutes and thereupon the court must make and cause to be entered an order reciting the fact of such inquiry and the result thereof, and when it is found that the defendant is insane the order must direct that he be taken to one of the state hospitals for the insane and there kept for safe confinement until his reason is restored. (S. L. 1913, 208).

482. Proceedings on Finding-If it is found that the defendant is sane the warden must proceed to execute the judgment as certified in the warrant; if it is found that the defendant is insane, the warden must suspend the execution and transmit a certified copy of the order mentioned in the last section to the Governor and deliver the defendant, together with a certified copy of such order to the medical superintendent of the hospital named in such order. When the defendant recovers his reason the superintendent of such hospital must certify that fact to the Governor, who must thereupon issue to the warden his warrant appointing a day for the execution of the judgment. (S. L. 1913, 208)

483. Proceedings on Finding-If there is good reason to believe that a female against whom judgment is rendered is pregnant, such proceedings must be had as are provided in section 479 hereof except that instead of a jury, as therein provided, the court must summon three disinterested physicians of good standing in their profession, to inquire into the supposed pregnancy, who shall, in the presence of the court, but with closed doors, if requested by the defendant, examine the defendant and hear any evidence that may be produced and make a written finding and certificate of their conclusion, to be

approved by the court and spread upon the minutes. The provisions of section 482 hereof apply to the proceedings upon such an inquiry. (S. L. 1913, 208)

484. Proceedings of Finding-If it is found that a female is not pregnant the warden must execute the judgment. If it is found that she is pregnant, the warden must suspend the execution of the judgment and transmit a certified copy of the findings and certificate to the Governor. When the Governor receives from the warden a certificate that the defendant is no longer pregnant, he must issue to the warden his warrant appointing a day for the execution of the judgment. (S. L. 1913, 209)

485. Where Execution Held—A judgment of death must be executed within the walls of the state prison at McAlester, Oklahoma, said prison to be designated by the court by which judgment is to be rendered. The warden of the said state prison must be present at the execution and must invite the presence of a physician, the county attorney of Pittsburg county and at least twelve reputable citizens, to be selected by him, and he shall, at the request of the defendant permit such ministers of the gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient to witness the execution, but no other person than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness same. (S. L. 1913, 209)

486. Return of Death Warrant-After the execution the warden must make a report upon the death warrant to the court by which the judgment was rendered, showing the time, mode and manner in which it was executed. (S. L. 1913, 210)

487. Duty of Court When Judgment Not Executed-If, for any reason, a judgment of death has not been executed, and it remains in force, the court in which the conviction was had, on the application of the county attorney, must order the defendant to be brought before it, or, if he is at large, a warrant for his apprehension may be issued. (5979 R. L. 1910)

Provisions of this section apply where there has been suspension of execution by reason of an appeal. Armstrong v. State, 2 Okla. Cr. 567, 103 P. 658.

488. Same-Inquiry by Court-Upon the defendant being brought before the court it must inquire into the facts, and if no legal reason exists against the execution of the judgment, must make an order that the sheriff of the proper county execute the judgment at a specified time. The sheriff must execute the judgment accordingly. (5980 R. L. 1910)

489. Offenses Consummated Within State-When the commission of a public offense, commenced without this State, is consummated within its boundaries, the defendant is liable to punishment therefor in this State, though he were out of the State at the time of the commission of the offense charged, if he consummated it in this State through the intervention of an innocent or guilty agent, or by any other means proceeding directly from himself; and in such case, the jurisdiction is in the county in which the offense is consummated. (5609 R. L. 1910)

490. Jurisdiction in Case of Duel-When an inhabitant or resident of this State, by previous appointment or engagement, fights a duel, or is concerned as second therein, out of the jurisdiction of this State, and in the duel a wound is inflicted upon a person, whereof he dies in this State, the jurisdiction of the offense is in the county where the death happened. (5610 R. L. 1910)

491. Same-When an inhabitant of this State shall have left the same for the purpose of evading the operation of the provisions of the statutes relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county of which the offender was an inhabitant when the offense was committed, or in any county in which, in the opinion of the governor, the evidence can be most conveniently obtained and produced, to be designated by him by written appointment, filed in the office of the clerk of the court of that county. (5611 R. L. 1910)