F. If the fugitive is known to be under either civil or criminal arrest, the the fact of such arrest and the nature of such proceedings on which it is based must be stated. G. That the application is not made for the purpose of enforcing the collec tion of a debt, or for any private purpose whatever, and that if the requisition applied for be granted, the criminal proceedings shall not be used for any of said objects. H. That all papers in duplicate have been compared with each other and are, in all respects, exact counterparts. I. Whether the offense charged is a felony or a misdemeanor, with a concise definition thereof, and a particular reference to the statute, giving chapter, title, article, page and section, together with any amendments thereto, defining the offense and stating the punishment thereof. J. When more than one year has elapsed since the commission of the crime, a full explanation must be given, and upon an application where no indictment has been found, the reasons therefor must be stated. 1. In cases of false pretenses, embezzlement or forgery, and all offenses known as such prior to the enactment of the Penal Code, the affidavit of the principal complaining witness or informant that the application is made in good faith, for the sole purpose of punishing the accused, and that he does not desire or expect to use the prosecution for collecting a debt, or for any private purpose, and will not directly or indirectly use the same for any of said purposes. 2. Proof by affidavit by facts and circumstances satisfying the executive that the alleged criminal has fled from the justice of the state, and is in the state on whose executive the demand is requested to be made, must be given. No mere unsupported allegation will be received or accepted as conclusive upon this point. In addition to the facts and circumstances required, it must affirmatively appear what the occupation of the accused at the time of flight was; whether he was a resident or only in the state transiently; whether he was married; when the alleged fugitive left the state; and in general the previous history of the accused so far as it can be ascertained-in short, the affiant's reasons for his belief that the accused is a fugitive from justice, and whether he is in the surrendering state transiently or making it his residence, and his occupation therein. If the affidavit be not made by the district attorney or some public officer, the district attorney must certify that the affiant is a respectable person and entitled to credit. 3. If an indictment has been found, certified copies, in duplicate, must accompany the application. 4. If an indictment has not been found the facts and circumstances showing the commission of the crime charged, and that the accused perpetrated the same, must be shown by depositions taken before a magistrate (a notary public is not a magistrate within the meaning of the statutes) in support of an information which must always be furnished in such case, and no application will be received or considered which is based on an information standing by itself. Conclusions will not be considered except in connection with the facts and circumstances from which they are drawn. 5. If the crime of forgery is charged, an affidavit of the person whose name is alleged to have been forged, must be produced, or its absence satisfactorily explained. 6. If the crime charged is seduction, corroborative evidence must be furnished by affidavit of one or more witnesses taken before a magistrate, whether an indictment has been found or not. 7. Except as to the whereabouts of the accused, the sources of information and belief stated, must be given, and the reason why such information is not verified by the person possessing it stated. 8. It should be shown that a warrant has been issued, and duplicate certified copies of the same, together with the returns thereto, must be furnished upon an application. 9. In all cases of extradition where the fugitive is beyond the jurisdiction of the United States, the application must, in the first instance, be presented to the Governor. All such papers must be presented in triplicate, and conform to the foregoing rules. The triplicate copies must each be certified by the magistrate, and must each contain a copy of the information, of the depositions in support thereof, and of a warrant issued thereon against the accused for the offense charged. Triplicate copies of all papers are absolutely necessary. In foreign countries indictments are not recognized and are absolutely useless. In Canadian extradition each of the three sets of the papers required must contain one of the three triplicate copies of the information, depositions and one of the three triplicate original warrants issued thereupon; also each original warrant must be accompanied by a copy of itself and all certified in the form given on page 145, 6 Moak's English Reports. Follow closely the practice given in this volume, pages 144-147. A copy of the rules governing United States extradition will be furnished on application to the State Department at Washington. 10. Applications will not be considered unless it affirmatively appears the alleged fugitive was in this state at the time of the commission of the offense. Constructive crime is not within the extradition laws. 11. The official character of the officer taking the affidavits or depositions, and of the officer who issued the warrants must be duly certified. 12. The district attorney asking a requisition must, within six months, unless sooner required, after it is issued, make a return accompanied by the affidavit of the agent named therein, fully stating all proceedings had thereunder and upon the information or indictment on which the same was based. 13. The Governor of this state will deliver over to the executive of any other state or territory, persons charged therein with crime, only when the demand is accompanied by documents and proofs which are in accordance with the extradition laws. 14. Upon the renewal of an application, for example, on the ground that the fugitive has fled to another state, not having been found in the state on which the first was granted, new papers in conformity with the above rules must be furnished. INDEX. PAGE. ABBREVIATION OF NAMES, judicial notice of, ABORTION, dying declaration as to, ACCESSORY, defined, ACCOMPLICES, EVIDENCE OF, chap. XLI., defined, immunities of, for testifying, necessity of corroboration, ACCUSED, presence of, at trial, as witness, see WITNESS. as witness as to intent, compulsory examination of person of, conduct of, as evidence, declaration of, good character of, indictment based on evidence of, right to be confronted with witnesses, right of, to compel attendance of witnesses, ACQUITTAL. See FORMER JEOPARDY. ACTIONS, of accused as evidence, of trial in progress to procure further testimony, ADULTERY, chap. LX., 12 530 11 505 et seq. 505, 508 505, 518 506 521 517 160, 176 219 247, 352 452 690 127, 501 501, 503, 669, 778 596, 598, 606 410 51, 334, 382 267 357 127, 501 157 847 et seq. birth of child as evidence of, commission of, with other parties than accused, prior chastity of woman, ALIBI, EVIDENCE OF, chap. XLIX., 853 854 854 681 et seq. 681 681, 684, 685, 686, 688 682 684, 686, 687 685, 687 ANTE-NUPTIAL ISSUE, effect of subsequent marriage of parents, 858, 862 APPEAL, harmless error in admission of evidence, objection to errors not taken below, ARREST, as affecting admissibility of declarations, ARSON, over-insurance motive for, ASSAULTS, with intent to commit crime, ATTORNEY, privilege of, as witness, privilege as to professional communications, 257 248 500 445 758 281, 314-317 299 277 245 prosecuting, as witness, prosecuting, statements of, as ground for new trial, AUTREFOIS ACQUIT AND CONVICT. See FORMER JEOPARDY. BENCH WARRANT, for witness, BEST AND SECONDARY EVIDENCE, chap. v., English rules, foundation for secondary, parol evidence when copy of document available, letter-press copies, of telegrams, photographs, on cross-examination, BIGAMY, chap. LVII., defined, proof of prior marriage, relation of divorce to, confessions of accused as evidence of prior marriage, what prosecution must show, competency of wives to prove marriages, presumption as to former spouse being alive, BILL OF PARTICULARS, right to, power of court to grant, when and how to be demanded, 857 et seq. 857 857, 859 861 859, 860 859 859 860 858, 862 858 264 41 et seq. 61 42, 45 80 80, 81 152 44 799 et seq. 799, 801, 804, 806, 811 804 805, 806, 809 807 810 800 67, 69 68 67 69 |