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8 766. Order upon judgment for affirmance. If the judgment be affirmed, the court must direct its execution, and if the defendant have been discharged on bail, after the commencement of the execution of a judgment of imprisonment, must commit him to the proper custody for the remainder of his term of imprisonment.
$ 767. Order upon judgment of reversal.-If the judgment be reversed, and the defendant be imprisoned in pursuance of the judgment of the police court, the court of sessions must order him to be discharged.
§ 768. If new trial ordered, to be had in court of sessions.-If a new trial be ordered, it must be had in the court of sessions, in the same manner as upon an issue of fact on an indictment; and that court may proceed to judgment and execution, as in an action prosecuted by indictment.
$ 769. Proceedings after judgment upon appeal to be had in court of sessions.-li any proceedings be necessary to carry the judgment upon the appeal into effect, they must be had in the court of sessions.
$ 770. Defendant may appeal to supreme court and give bail.-If the judgment on the appeal be against the defendant, he may appeal therefrom to the supreme court, in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon the appeal, in like manner.
§ 771. Judgment or supreme court upon appeal, final.—The judgment of the supreme court upon the appeal is final.
$ 772. Proceedings to carry into effect judgment of supreme court.—The same proceedings must be had, to carry into effect the judgment of the supreme court upon the appeal, as if it had been taken upon a judgment in an action prosecuted by indictment.
OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE.
TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF
TICES, AND SERVANTS.
CEEDINGS OF A CRIMINAL NATURE.
TITLE I. Of Coroners' Inquests, and the Duties of Coroners. SEC. 773. In what cases coroner to summon a jury. Number of SEC. 755. Coroner to deliver money or property found, on
jurors to be summoned. 774. Jury to be sworn. 775. Witnesses to be subpænaed. 776. Compelling attendance of witnesses, and punishing
their disobedience. 777. Verdict of the jury. 778. Testimony, how taken and filed. 779. If defendant arrested before inquisition filed, deposi.
tions to be delivered to magistrate, and by him re
turned. 780. Warrant for arrest of party charged by verdict. 781. Form of warrant. 782. Warrant, how executed. 783. Proceedings of magistrate, on defendants being
brought before him. 784. Clerk with whom inquisition is filed, to furnish magis.
trate with copy of the same and of testimony returned there with.
deceasel, to county treasurer. 736. County treasurer to place money to credit of county;
and to sell other property and place proceeds to
credit of county. 787. Money, when and how paid to representatives of
deceased. 788. Supervisors to require statement under oath, from
coroner, before auditing his accounts. 789. In New York, police justices may perform duties of
coroner, during his inability. 790. Compensation of coroners.
§ 773. Coroner's jury:- When a coroner is informed thåt a person has been killed or dangerously wounded by another, or has suddenly died, under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another, by criminal means, or has committed suicide, he must go to the place where the person is, and forth with summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forth with, at a specified place, to inquire into the cause of the death or wound.
§ 774. Jury to be sworn.- When six or more of the jurors appear, they must be sworn by the coroner to inquire who the person was, and when, where and by what means he came to his death or was wounded, as the case may be, and into the circumstances attending the death or wounding, and to render a true verdict thereon, according to the evidence offered to them, or arising from the inspection of the body.
$ 775. Witnesses to be subpoenaed.- The coroner may issue subpænas for witnesses, returnable forthwith, or at such time and place as he may appoint. He must summon and examine as witnesses, every person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death or wounding.
§ 776. Compelling attendance of witnesses, and punishing their disobedience.- A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, as upon a subpæna issued by a magistrate, as provided in this Code.
See § 619, supra ; Code Civ. Proc., $$ 8–13, 353–863.
777. Verdict of the jury.- After inspecting the body, and hearing the testimony, the jury must render their verdict, and certify it by an inquisition in writing, signed by them, and setting forth who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded ; and if he were killed or wounded, or his death were occasioned by the act of another, by criminal means, who is guilty thereof, in so far as by such inquisition they have been able to ascertain.
9778. Testimony, how taken and filed.— The testimony of the witnesses examined before the coroner's jury must be reduced to writing by the coroner, or under his direction, and must be forthwith filed by him, with the inquisition, in the office of the clerk of the court of sessions of the county, or of a city court, having power to inquire into the offense by the intervention of a grand jury.
$ 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate.- If, however, the defendant be arrested before the inquisition can be filed, the coroner must deliver it with the testimony, to the magistrate before whom the defendant is brought, as provided in section 781, who must return it with the depositions and statement taken before him, in the manner prescribed in section 221.
$ 780. Warrant for arrest of party charged by verdict.— If the jury find that the person was killed or wounded by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another, by criminal means, and the party committing the act be ascertained by the inquisition, and be not in custody, the coroner must issue a warrant, signed by him with his name of office, into one or more counties, as may be necessary, for the arrest of the person charged.
§ 781. Form of warrant.— The coroner's warrant must be in substantially the following form :
“ County of Albany, (or as the case may be).
“In the name of the people of the state of New York : “ To any peace officer in this state:
“ An inquisition having been this day found by a coroner's jury, before me, stating that A. B. has come to his death by the act of C. D., by criminal means, [or as the case may be, as found by the inquisition] :
“ You are therefore commanded, forthwith to arrest the above-named C. D., and take him before the nearest and most accessible magistrate in this county.”
“ Dated at the city of Albany (or as the case may be), the
« E. F.,
Coroner of the county of Albany
(or as the case may be).
§ 782. Warrant, how executed. — The coroner's warrant may be served in any county; and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information ; except, that when served in another county, it need not be indorsed by a magistrate of that county.
$ 783. Proceedings before magistrate. — The magistrate, when the defendant is brought before him, must proceed to examine the charge contained in the inquisition, and hold the defendant to answer, or discharge him therefrom in the same manner, in all respects, as upon a warrant of arrest on an information.