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§ 10-819. Pleas in bar and abatement to be in writing.-No plea in bar or abatement shall be received by the court unless it be in writing, signed by the accused and sworn to before some competent officer.

§ 10-820. Plea of guilty or not guilty.-If the issue on the plea in bar be found against the defendant, or if upon the arraignment the accused offer no plea in bar, he shall answer the question propounded by the court by pleading "guilty" or "not guilty," but if he answer evasively or stand mute he shall be taken to have pleaded "not guilty."

§ 10-821. Proceedings on plea of guilty.—If the accused plead "guilty" the plea shall be recorded on the indictment and in the records of the court, and the accused shall be committed until sentenced.

§ 10-822. Proceedings on plea of not guilty.-If the accused plead "not guilty" the plea shall be entered on the indictment, and the prosecuting attorney shall, under the direction of the court, designate a day for trial, which shall be a day of the term at which the plea is made, unless the court for good reasons continue the case to a subsequent term, upon the application of the defendant, or the prosecuting attorney, and in no case shall a defendant be required to swear that he is "not guilty" on an application for a continuance.

B. RULE ON ADMISSION OF CONFESSIONS MADE BEFORE ARRAIGNMENT

The fact that the accused was under arrest at the time of confessing is not of itself sufficient to exclude the confession Mortimore v. State (24 Wyo. 452). Inculpatory statements extracted by continuous questioning for many hours under psychological pressure, after accused has been detained for the purpose of illegally extracting evidence from him without taking him before a committing magistrate are inadmissible as a confession (5 U. S. C. 300a; U. S. v. Ruhl, 55 Fed. Supp. 641).

EXHIBIT 32

TIME OF ARRAIGNMENT

STATE STATUTORY PROVISIONS RELATING TO THE TIME A PERSON MAY BE HELD IN CUSTODY BEFORE BEING BROUGHT BEFORE A COMMITTING MAGISTRATE

Compiled by the junior bar section of the Bar Association of the District of Columbia for the Council on Law Enforcement of the District of Columbia, January 1958

ALABAMA

CODE OF ALABAMA, TITLE 1 5

§ 160. Must take person arrested before magist ate -It is the duty of any private person, having arrested another for the com: sion of a public offense, to take him without unnecessary delay before a magi strat e

§ 161. When sheriff must notify governor of a rest-Whenever any person is arrested, charged with a capital felony, and the is no court having jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making the arrest or having the custody of such prisoner, to notify the governor or chief justice of the supreme court at once of the arrest of such person

ALASKA

ALASKA COMPILED LAWS

§ 66-5-34. Time of taking prisoner before magistrate.—* The person arrested must in all cases be taken before the magistrate without unnecessary delay, and in any event within twenty-four hours after his arrest, excluding Sundays and holidays. This requirement shall apply to municipal police officers and city magistrates to the same extent as it does to marshals, deputy marshals and other territorial law enforcement officers in taking prisoners before territorial magistrates.

§ 66–5.58. Taking persons arrested to magistrate or peace officer.—That a private person who has arrested another for the commission of a crime must without unnecessary delay take him before a magistrate or deliver him to a peace officer.

ARIZONA

ARIZONA REVISED STATUTES

§ 13-1418. Duty of officer after arrest without warrant.-As officer who has arrested a person without a warrant shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate * * *.

§ 13-1419. Duty of private person after making arrest.-A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county * * *.

ARKANSAS

ARKANSAS STATUTES ANNOTATED

§ 43-601. Proceeding when no warrant issued.-Where an arrest is made without a warrant, whether by a peace officer or private person, the defendant shall be forthwith carried before the most convenient magistrate of the county in which the arrest is made * *

CALIFORNIA

PENAL CODE

§ 825. Appearance before magistrate;

unnecessary delay; maximum time * * *. The defendant must in all cases be taken before the magistrate without unnecessary delay, and in any event, within two days after his arrest, excluding Sundays and Holidays; * * * *.

COLORADO

COLORADO REVISED STATUTES

§ 3-2-3. Warrants on suspicion-Commitment-Bail.-It shall be lawful for any judge or justice of the peace, upon oath or affirmation being made before him, that any persons have committed any criminal offense in this state, or that a criminal offense has been committed, and that the witnesses have just and reasonable grounds to suspect that such persons have committed the same, to issue his warrant under his hand, commanding the officer or person charged with the execution thereof, to arrest the persons so charged and bring them before the officer issuing the warrant * * *.

§ 39-14-1. Hearing-Lawfulness of arrest.-If an arrest is made in the state by an officer of another state * ** without unnecessary delay, he shall take the person arrested before a magistrate of the county in which the arrest was made ***

CONNECTICUT

GENERAL STATUTES OF CONNECTICUT

§ 8722. Issue of warrant after arrest.—When any person shall be apprehended and brought before a trial justice by any proper officer without a previous warrant, such justice shall issue a warrant and cause such person to be arrested and dealt with according to law.

DELAWARE

DELAWARE CODE ANNOTATED

§ 1902. Questioning and detaining suspects.—(a) A peace officer may stop any person abroad who he has reasonable ground to suspect is committing, has com mitted, or is about to commit a crime * *

(b) Any person so questioned who fails to *** explain his actions to the satisfaction of the officer may be detained and further questioned and investigated.

(c) The total period of detention *** shall not exceed two hours * * *. At the end of the detention the person so detained shall be released or be arrested and charged with a crime.

§ 1911. Hearing without delay, permissible delay. If not otherwise released, every person arrested shall be brought before a magistrate without unreasonable delay, and in any event he shall, if possible, be so brought within 24 hours of arrest, Sundays and holidays excluded, unless a Resident Judge of the county where he is detained or of the county where the crime was committed for good cause shown orders that he be held for a further period of not exceeding 48 hours.

DISTRICT OF COLUMBIA

DISTRICT OF COLUMBIA CODE

§ 4-140. Arrests without warrants.-The several members of the police force shall have power and authority to immediately arrest without warrant, and to take into custody any person who shall commit, or threaten or attempt to commit, in the presence of such member, or within his view, any breach of the peace or offense directly prohibited by an Act of Congress, or by any law or ordinance in force in the District, but such member of the police force shall immediately, and without delay, upon such arrest, convey in person such offender before the proper court, that he may be dealt with according to law.

§ 4-142. Information and return after arrest.-Every case of arrest shall be made known within six hours thereafter to the lieutenant of police on duty in the precinct in which the arrest is made, by the person making the same; and it shall be the duty of the lieutenant within twelve hours after such notice, to make written return thereof, according to rules and regulations of the Board of Commissioners, together with the name of the party arrested, the offense, the place of arrest, and the place of detention.

FLORIDA

FLORIDA STATUTES ANNOTATED

§ 901.06. Duty of officer after arresting with warrant.-When the arrest by virtue of a warrant occurs in the county where the alleged offense was committed and where the warrant was issued, the officer making the arrest shall without unnecessary delay take the person arrested before the magistrate who issued the warrant or, if that magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county.

§ 901.23. Duty of officer after arrest without warrant.-An officer who has arrested a person without a warrant, shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest occurs, having jurisdiction, and shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested;

GEORGIA

CODE OF GEORGIA ANNOTATED

§ 27-212. Duty of person arresting without a warrant.-In every case of an arrest without warrant, the person arresting shall, without delay, convey the offender before the most convenient officer authorized to receive an affidavit and issue a warrant. No such imprisonment shall be legal beyond a reasonable time allowed for this purpose.

HAWAII

SESSION LAWS OF HAWAII, 1953, AMENDING REVISED LAWS OF HAWAII, 1945

§ 10709. Examination after arrest; rights of arrested person.-It shall be unlawful in any case of arrest for examination (1) ***; or (5) to fail within forty-eight hours of the arrest of a person on suspicion of having committed a crime either to release or to charge such arrested person with a crime and take him before a qualified magistrate for examination.

IDAHO

IDAHO CODE

§ 19-615. Procedure upon arrest without warrant.-When an arrest is made without a warrant by a peace officer or private person the person arrested

must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and an information, stating the charge against the person, must be laid before such magistrate.

ILLINOIS

SMITH-HARD ILLINOIS ANNOTATED STATUTES

§ 38: 660. Person arrested to be taken before a magistrate.-When an arrest is made without a warrant, either by an officer or a private person, the person arrested shall, without unnecessary delay, be taken before the nearest magistrate in the county, who will hear the case, for examination, and the prisoner shall be examined and dealt with as in cases of arrests upon warrant.

INDIANA

BURNS INDIANA STATUTES ANNOTATED

§ 48: 6112. Arrest and trial of offenders.-Whenever any arrest has been made by any member of such police force, it shall be the duty of the officer making the arrest forthwith to bring the person arrested before the city court, or court having jurisdiction of the offense, to be dealt with according to law. If the arrest is made during the hours when such court is not in session, or if the judge is not holding court, such offender shall be detained in the city prison until there shall be an opportunity for such hearing at the earliest practicable time, or until he shall have given bond for his appearance. But no person shall be so detained longer than twenty-four (24) hours without such examination, except where Sunday intervenes, in which case no person shall be detained longer than fortyeight (48) hours * * *.

IOWA

IOWA CODE ANNOTATED

§ 755.14. Arrests by private person-Disposition of prisoner.—A private person who has arrested another for the commission of an offense must, without unnecessary delay, take him before a magistrate, or deliver him to a peace officer ***

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$757.7. Proceedings after arrest.—In all cases the defendant, when arrested. must be taken before the magistrate or clerk without unnecessary delay

KANSAS

GENERAL STATUTES OF KANSAS ANNOTATED

§ 62.610. Right to examination before magistrate.-Every person arrested by warrant for any offense, where no other provision is made for his examination thereon shall be brought before some magistrate of the same county; and the warrant, with the proper return thereon, signed by the person who made the arrest, shall be delivered to such magistrate.

KENTUCKY

CARROLL'S KENTUCKY CODES, CIVIL AND CRIMINAL

§ 46. Proceeding if arrest made without warrant; bail.-(1) If an arrest be made without a warrant, whether by a peace officer or private person, the defendant shall be forthwith carried before the most convenient magistrate of the county in which the arrest is made *

LOUISIANA

LOUISIANA REVISED STATUTES

§ 15.76. Delivery of prisoner arrested by a private person.-When a private person shall have made an arrest he shall, without unnecessary delay, turn the prisoner over to a peace officer.

§ 15.79. Judge before whom prisoner arrested must be brought; warrant.— When a peace officer shall have made an arrest with a warrant, he shall, after the prisoner shall have been booked, bring him, without unnecessary delay, before the judge designated in the warrant.

§ 15.80. Judge before whom prisoner arrested must be brought; without warrant. When any person shall have been arrested without a warrant, the peace officer, after he shall have caused him to be booked, shall bring him, without unnecessary delay *** before the judge having the authority to sit as a committing magistrate *

MAINE

REVISED STATUTES OF MAINE

§ 147.9. Examination of persons arrested.—Every person arrested for an offense shall be brought before the magistrate issuing the warrant, or some other in the same county, for examination;

Nothing found.

MARYLAND

MASSACHUSETTS

ANNOTATED LAWS OF MASSACHUSETTS

Ch. 276:34. Examination of prisoner.-Whoever is arrested by warrant for a crime shall, unless other provision is made for his examination, be taken before a court or trial justice having jurisdiction where the crime was committed; and the warrant, with a proper return thereon signed by the person making the arrest, shall be delivered to the court of justice.

MICHIGAN

MICHIGAN STATUTES ANNOTATED

§ 28: 872. Disposition of person; following arrest by officer without warrant; complaint.-A peace officer who has arrested a person without a warrant must without unnecessary delay, take the person arrested before the most convenient magistrate of the county in which the offense was committed. ***

§ 28: 873. Same; following arrest by private person, complaint.-A private person who has made an arrest must without unnecessary delay, take the person arrested before the most convenient magistrate in the county in which the offense was committed or deliver him to a peace officer, who must without unnecessary delay take him before such magistrate * *

MINNESOTA

MINNESOTA STATUTES ANNOTATED

§ 629.39. Proceeding by private person making arrest.-Every private person who shall have arrested another for the commission of a public offense shall, without unnecessary delay, take him before a magistrate or deliver him to a peace officer * *

MISSISSIPPI

MISSISSIPPI CODE ANNOTATED

§ 2473. Arrests-What to do when made.-Every person making an arrest shall take the offender before the proper officer without unnecessary delay for examination of his case.

MISSOURI

VERNON'S ANNOTATED MISSOURI STATUTES

§ 544.170. Twenty hours detention on arrest without warrant-Rights— Penalty. All persons arrested and confined in any jail, calaboose or other place of confinement by any peace officer, without warrant or other process, for any alleged breach of the peace or other criminal offense, or on suspicion thereof, shall be discharged from said custody within twenty hours from the time of such arrest, unless they shall be charged with a criminal offense by the oath of some creditable person, and be held by warrant to answer such offense; * * * 28412-58-48

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