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CHAPTER IV.

ARREST BY AN OFFICER, WITHOUT A WARRANT. SFC. 177. In what cases allowed. 178. May break open a door or window, ir admi:tance

refused. 179. May arrest at night, on reasonable suspicion of felony. 180. Must state his authority, and cause of arrest, except

where party is committing felony or is pursued after

escape. 181. May take before a magistrate, a person arrested by a

by-stander for breach of the peace. 182. Magistrate may commit by verbal or written order, for

offenses committed in his presence.

§ 177. When arrest allowed. — A peace officer may, without a warrant, arrest a person,

1. For a crime, committed or attempted in his presence ;

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

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

See Peo. ex rel. Kingsley v. Pratt, 22 Hun, 300 ; Burns v. Erben, 40 N. Y., 463 ; Schnei':er v. McLane, 3 Keyes, 568; Harit v. McDonald, i C. C. R., 181; Meyer v. Clark, 9 J. & Sp., 107; Stemack v. Brooks, 7 Daly, 142; Peo. v. Pratt, 22 Hun, 300'; McIntyre v. Radmus, 14 J. & śp., 123.

$ 178. May break in, if admittance refused. — To make an arrest, as provided in the last section, the officer may break open an outer or inner door or window of a building, if, after notice of his office and purpose, he be refused admittance.

$ 179. When may arrest at night. — He may also, at night, without 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 a felony had been committed, but that the person arrested did not commit it.

$ 180. To state authority, and cause, except in case of felony or pursuit. - When arresting a person without & warrant the officer must inform him of the authority

of the officer and the cause of the arrest, except when the person arrested is in the actual commission of a crime, or is pursued immediately after an escape.

s 181. May take a person arrested by a by-stander for breach of the peace.- A peace officer may take before a magistrate, a person, who, being engaged in a breach of the peace, is arrested by a by-stander and delivered to him.

Wark's Case, 5 C. H. Rec., 4.

$ 182. Offenses committed in magistrate's presence. When a crime is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.

Order cannot be delayed. McKay's case, 5 C. II. Rec., 95. See Butolph v. Blust, 5 Lans., 84 ; Sands v.Benedict, 2 Hun, 479 ; Lindsay v. I'vo., 67 Barb., 548

CHAPTER V.

ARREST BY A PRIVATE PERSON.

SEC. 183. In what cases allowed. 184. Must inform the party of the cause of arrest, except

when actually committing the otiense or on pursuit

after escape. 185. Must immediately take prisoner before a magistrate,

or deliver him to a peace officer.

§ 183. When arrest allowed.- A private person may arrest another,

1. For a crime, committed or attempted in his presence;

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

Phillips v. Trull, 11 Johns.,

486.

§ 184. Must inform party of the cause of arrest, except when actually committing offense or on pur. suit.- A private person before making an arrest, must inform the person to be arrested of the cause thereof, and

require him to submit, except when he is in the actual commission of the crime, or when he is arrested on pursuit immediately after its commission.

§ 185. Must immediately take prisoner before a magistrate, or deliver him to a peace officer.- 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.

CHAPTER VI.

RETAKING, AFTER AN ESCAPE OR RESCUE.

SEC. 186. May be at any time, or in any, place in the state. 187. May break open a door or window, if admittance re.

fused. § 186. May be at any time, or in any place in the state.- 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.

§ 187. May break in, if admittance refused.— To retake 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 building.

CHAPTER VII.

EXAMINATION OF THE CASE, AND DISCHARGE OF THE DE

FENDANT OR HOLDING HIM TO ANSWER.

SEC. 183. Magistrate to inform defendant of the charge, and his SEC. 195. Examination of witnesses to be in presence of defend.

right to counsel. 189. Time to send, and sending for counsel. 190. On appearance of counsel, or waiting for him a rea.

sonable time examination to proceed. 191. When to be completed ; adjournment. 192. On adjournment, defendant to be committed, or dis

charged on deposit of money. 193. Form of commitment. 194. Depositions, to be read on examination, and witnesses

examined.

ant, and witnesses to be cross-examineu in bis beo

hali. 196. Defendant to be informed of his right to make a state

ment 197. Waiver of his right, and its effect. 198, 199. Statement, how taken. 200. How reduced to writing, and authenticated. 201. After statement or waiver, defendant's witnesses to

be examined. 202. Witnesses to be kept apart 203. Who may be present at examination. 204. Testimony, how taken and authenticated. 205. Depositions and statement, how and by whom kept. 206. Deiendant entitled to copies of uepositions and state.

ment 207. Defendant, when and how to be discharged. 208. When and how to be committed. 209. Order for commitment. 210. Certificate of bail being taken. 211. Defendant to choose how he shall be tried. 212. Order for bail, on commitment. 213, 214. Form of commitment. 215. Undertaking of witnesses to appear, when and how

taken. 216. Security for appearance of witnesses, when and how

required. 217. Infants and married women may be required to give

security for appearance as witnesses. 218. Witness to be committed, on refusal to give security

for appearance. 219. Witness, unable to give security, may be conditionally

examined. 220. Last section not applicable to prosecutor or accom.

plice. 221. Magistrate to return depositions, statement and under.

takings of witnesses to the court.

§ 188. Magistrate to inform defendant of the charge, and his right to counsel. - When the defendant is brought before a magistrate upon an arrest either with or without warrant on a charge of having committed a crime, the magistrate must immediately inform him of the charge

gainst m, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had.

Hearing after coroner's inquisition. Ex parte Ramscar, 1 N. Y. Cr., *3.

§ 189. Time to send, and sending for counsel. – HA must also allow the defendant a reasonable time to send for counsel, and adjourn the examination for that

purpose; and must, upon the request of the defendant, require a peace officer to take a message to such counsel

in the town or city,as the defendant may name. The officer must, without delay and without fee, perform that duty.

. Peo. v. Restell, 3 Hill, 289. § 190. On appearance of counsel, or waiting for him a reasonable time, examination to proceed. — The magistrate, immedia ely after ihe appearance of counsel, or if none appear and the defendant require the aid of counsel, must, after waiting a reasonable time therefor', proceed to examine the case, unless the defendant waives examination and elects to give bail, in which case the magistrate must admit the defendant to bail if the crime is bailable, as provided in section two hundred and ten; and in that case witnesses in attendance or shown to be material for the people may be required to appear and testify, or to be examined conditionally as prescribed in sections two hundred and fifteen, two hundred and sixteen, two hundred and seventeen, two hundred and eighteen, two hundred and nineteen and two hundred and twenty.

§ 191. When to be completed-Adjournment. The examination inust be completed at one session, unless the magistrate, for good cause shown, adjourn it. The adjournment cannot be for more than two days at each time, unless, by consent or on motion of the defendant.

Cannot commit defendant for hearing on future day until brought before court. Pratt v. Hill, 16 Barb., 303. Indictment does not oust jurisdiction. Ex parte Gessner, 53 How. Pr., 515. May indict pending examination. Peo. v. Westbrook, 12 Hun, 646 ; Peo. v. Drury, 2 Edin, S. C, 331.

$ 192. On adjournment, to be committed or discharged on bail. — If an adjournment be had for any cause, the magistrate must commit the defendant for examination, or discharge him from custody, upon his giving bail to appear during the examination, or upon the deposit of money as provided in this Code, to make sure of his appearance at the time to which the examination is adjourned.

$ 193. Form of commitment. — The commitment for examination is by an indorsement signed by the magistrate, on the warrant of arrest, to the following effect: “The within named A. B., having been brought before me under this warrant, is committed for examination, to the sheriff of the county of

or in the city and county of New York, “to the keeper of the city prison of the city of New York.”

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