county in which the warrant was issued, who must admit the defendant to bail, and immediately transmit the warrant, complaint, depositions, if any, and undertaking to the clerk of the court in which the defendant is required to appear. (5643, R. L. 1910)

61. Arrest Defined-Arrest is the taking of a person into custody, that he may be held to answer for a public offense. (5644, R. L. 1910.)

62. Arrest Made by Whom-An arrest may be either: First. By a peace officer under warrant.

Second. By a peace officer without a warrant; or,

Third. By a private person. (5645 R. L. 1910)

A peace officer has the right to arrest without warrant for an offense committed in his presence, and in resisting such arrest, if the officer is killed, it is murder or manslaughter, according to the circumstances. Love v. State, 15 Okla. Cr. 429, 177 P. 387.

63. Aid of Officer-Every person must aid an officer in the execution of a warrant, if the officer require his aid. (5646 R. L. 1910)

64. Arrest, When Made-—If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If it is a misdemeanor, the arrest cannot be made at night, unless upon the direction of the magistrate indorsed upon the warrant. (5647 R. L. 1910)

65. Arrest, How Made-An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer. (5648, R. L. 1910.)

66. What Restraint to Be Used-The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention. (5649, R. L. 1910.)

Officer has no right to use force or violence upon the person arrested, except to prevent resistance or flight. Nor to use a deadly weapon

upon person arrested for a misdemeanor when he merely flees. erson v. U. S., 4 Okla. Cr. 337.

Rob

If defendant has grounds to believe officer is about to do him bodily harm, he has the right to defend himself.-Id.

67. Officer Must Show Warrant-The officer must inform the defendant that he acts under the authority of the warrant, and must also show the warrant if required. (5650, R. L. 1910.)

68. When Defendant Resists-If, after notice of intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest. (5651, R. L. 1910.)

69. Officer May Break Open Door-The officer may break open an outer or inner door or window of a dwelling house to

execute the warrant, if, after notice of his authority and purpose, he be refused admittance. (5652, R. L. 1910.)

70. Same To Liberate Person Detained—An officer may break open an outer or inner door or window of a dwelling house for the purposes of liberating a person who, having entered for the purpose of making an arrest, is detained therein, or when necessary for his own liberation. (5653, R. L. 1910.) 71. Arrest Without Warrant-A peace officer may, without a warrant, arrest a person:

First. For a public offense, committed or attempted in his presence.

Second. When the person arrested has committed a felony, although not in his presence.

Third. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.

Fourth. On a charge, made upon reasonable cause, of the commission of a felony by the party arrested. (5654, R. L. 1910.)

An attempted arrest without warrant for a misdemeanor in which defendant is killed by the officer to prevent escape, makes the officer liable on his official bond. Meek v. Tilghman, 55 Okla. 208, 154 P. 1190.

72. Same May Break Door-To make an arrest, as provided in the last section, the officer may break open an outer or inner door or window of a dwelling house, if, after notice of his office and purpose, he be refused admittance. (5655, R. L. 1910.)

73. Arrest of Suspected Felon at Night-He may also at night, wthout a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest though it afterward appear that the felony had not be committed. (5656, R. L. 1910.)

74. Authority Must Be Stated-When arresting a person without a warrant, the officer must inform him of his authority and the cause of the arrest, except when he is in actual commission of a public offense, or is pursued immediately after an escape. (5657, R. L. 1910.)

One knowing an officer's official capacity has no right to assault him on the grounds that one is innocent. Roberson v. U. S., 4 Okla. Cr. 336. 75. Arrest by Bystander-He may take before a magistrate a person, who being engaged in a breach of the peace, is arrested by a bystander and delivered to him. (5658, R. L. 1910.)

76. Offense in Presence of Magistrate-When a public offense is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the of

fender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest. (5659, R. L. 1910.) 77. Arrest by Private Person-A private person may arrest another:

First. For a public offense committed or attempted in his presence.

Second. When the person arrested has committed a felony, although not in his presence.

Third. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it. (5660, R. L. 1910.)

A private person may arrest one found in the commission of a public offense, without a warrant, and without first informing accused of the cause thereof. Barckay v. U. S., 11 Okla. 503.

78. Must Inform Person of Cause of Arrest-He must, before making the arrest, inform the person to be arrested of the cause thereof, and require him to submit, except when he is in actual commission of the offense or when he is arrested on pursuit immediately after its commission. (5661, R. L. 1910.) 79. Private Person May Break Door-If the person to be arrested has committed a felony, and a private person, after notice of his intention to make the arrest, be refused admittance, he may break open an outer or inner door or window of a dwelling house, for the purpose of making the arrest. (5662, R. L. 1910.)

80. Duty of Private Person Making Arrest-A private person who has arrested another for the commission of a public offense, must, without unnnecessary delay, take him before a magistrate or deliver him to a peace officer. (5663, R. L. 1910) Officer refusing to receive prisoner, see sec. 1602.

81. Person Arrested Must Be Disarmed-Any person making an arrest must take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken. (5664, R. L. 1910.)

82. Property Taken from Defendant-When money or other property is taken from a defendant arrested upon a charge of public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. One of which receipts he must deliver to the defendant, and the other of which he must file with the clerk of the court to which the depositions and statement must be sent, as provided in the last section of the chapter on preliminary examinations. (6132, R. L. 1910.)

83. Pursuit and Arrest of Escape-If a person arrested escape or be rescued, the person from whose custody he escaped

or was rescued, may immediately pursue and retake him, at any time, and in any place in the State. (5665, R. L. 1910)

84. May Break Door or Window to Arrest Escape-To take the person escaping or rescued, the person pursuing may, after notice of his intention and refusal of admittance, break open an outer or inner door or window of a dwelling house. (5666, R. L. 1910.)

85. Reward for Arrest-If any person shall arrest or directly and immediately cause the arrest of any person guilty of stealing a horse or mule within this state, and shall secure the indictment and conviction of such person in a court of competent jurisdiction, or shall deliver said person so arrested to a court having jurisdiction of said charge, and if the court, or any one to whom the person arrested shall be sent for trial, shall permit said person to give bond, with security, for his further appearance in court, and said bond shall be forfeited and collected, the person so securing the conviction or the delivery shall be entitled to a reward of $50 therefor. (6136, R. L. 1910.) 86. Paid by State Auditor-It shall be the duty of the person so securing the arrest and conviction or delivery of any person guilty of horse or mule stealing, if he desires said reward, to apply to the court in which the accused is convicted or bond forfeited for same; and if the court is satisfied, from testimony taken, that the person applying for such reward has, in good faith arrested or directly and immediately caused the arrest and conviction or delivery of a person guilty of horse or mule stealing, he shall cause to be entered on the record book of the court a judgment stating the name of the person entitled to the reward, and for what the reward is granted, and the amount thereof; and the person so allowed such reward, upon the production to the State Auditor of a transcript of said order, under the official signature and seal of the clerk of the court where the conviction or forfeiture is had, shall receive from said auditor his warrant upon the State Treasurer for the amount thereof: Provided, however, that in no case shall more than one such reward be granted for the arrest and conviction of the same person, and for the same offense; Provided, further, that no sheriff, constable or police officer shall be entitled to such reward. (6137, R. L. 1910.)

87. Clerk's Fees-The clerk furnishing such transcript shall be allowed the same fees for same as he is allowed by law for similar services, which shall be paid by the person entitled thereto. (6138, R. L. 1910.)

88. Right to Bail-All persons shall be bailable by sufficient sureties, except for capital offenses when the proof of guilt is evident, or the presumption thereof is great. (Section 8, art. 2, Const.)

Terms of this section construed and interpreted. Ex parte Harkins, 7 Okla. Cr. 482, 124 P. 931.

89. Excessive Bail-Cruel Punishment-Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. (Section 9, art. 2, Const.)

90. What Offenses Bailable-Bail, by sufficient sureties, shall be admitted upon all arrests in criminal cases where the offense is not punishable by death and in such cases it may be taken by any of the persons or courts authorized by law to arrest or imprison offenders, or by the clerk of the district court or his deputy, or by the judge of such courts. (6103, R. L. 1910.)

An order of trial court in fixing amount of bail on appeal, must also fix time in which such bail is to be given and the time in which petition in error is to be filed in appellate court. Ex parte Burton, 13 Okla. Cr. 280, 164 P. 135.

Mere fact that defendant cannot make bail in the sum fixed does not make such sum excessive. Ex parte Rankin, 13 Okla. Cr. 138, 162 P. 677.

Question of excessive bail will be considered on habeas corpus prior to filing petition in error. Ex parte Taylor, 2 Okla. Cr. 455, 102 P. 716. Courts have inherent authority to take bail, but in absence of statutory authority clerks cannot do so. Terr in re. Thacker v. Reynolds et al., 15 Okla. 185. Id. 186, Id. 202, Id. 203, Id. 417, Id. 421.

Sheriff may take bail under this section-Id. 419.

On application to reduce bail after information filed, it will be presumed that defendant is guilty. Ex parte McLellan, 1 Okla. Cr. 299, 97 P. 1019; Ex parte Houghton, 1 Okla. Cr. 302, 97 P. 1021.

Bail will not be reduced unless it is clear that amount fixed by trial court is excessive. Ex parte Caveness, 3 Okla. Cr. 205, 105 P. 184.

A judgment of a competent court, valid on its face, is an unanswerable return to a writ of habeas corpus issued for relief of a person im