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Exceptions taken by the prosecuting attorney, etc.

To the portion of the third paragraph thereof, etc. [set out specifically the matter excepted to], on the ground that, etc.

Said "Exhibit E," and the said special charges given as hereinbefore stated, comprise all the charges of the court as given to the jury at said trial.

Whereupon the jury retired for deliberation, and returned a verdict against the defendant, as appears of record in the cause; and the defendant thereafter filed a motion in arrest of the said judgment and for a new trial, and the same was argued by counsel and submitted to the court, which, upon consideration, overruled the same, to which the defendant, at the time, excepted.

And now the defendant presents this, his bill of the several exceptions, by him taken in manner, and at the times above set forth, and prays that the same be allowed, signed, sealed, and made part of the record, which is accordingly done this day of 18-.

[Signed]

J. D., [SEAL.]

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Judge of the Court of Common Pleas,

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SEC. 7305. Exceptions taken by the prosecuting attorney. The prosecuting attorney may except to any decision of the court, and present his bill of exceptions thereto, which the court shall sign and seal, and the same shall be made a part of the record.

SEC. 7306. Proceedings upon the exceptions of the prosecuting attorney. The prosecuting attorney may present such bill of exceptions to the supreme court, and apply for permission to file it with the clerk thereof, for the decision of the court upon the points presented therein; but prior thereto he shall give reasonable notice to the judge who presided at the trial in which the bill was taken, of his purpose to make such application; and if the supreme court allow such bill to be filed, such judge shall appoint some competent attorney to argue the case against the prosecuting attorney, which attorney shall receive for his services a fee not exceeding one hundred dollars, to be fixed by such court, and to be paid out of the treasury of the county in which the bill was taken.

Duty of the supreme court, etc.

ENTRY-ATTORNEY APPOINTED TO ARGUE CASE, ETC.

[Title.] Indictment for

The prosecuting attorney having given notice of his intention to apply for permission to present his certain bill of exceptions herein to the supreme court, and the supreme court having allowed such bill to be filed, G. P., one of the attorneys of this court, is hereby appointed to argue said case against the prosecuting attorney before said court.

SEC. 7307. Duty of the supreme court. If the supreme court be of opinion that the questions presented should be decided upon, they shall allow the bill of exceptions to be filed, and render a decision thereon.

SEC. 7308. Effect of the decision of the supreme court. The judgment of the court in the case in which the bill was taken shall not be reversed, nor in any manner affected; but the decision of the supreme court shall determine the law to govern in any similar case.

ACQUITTAL WITHOUT TRIAL.

SEC. 7309. Prisoner indicted; when to be discharged. No person shall be detained in jail without a trial, on an indictment, for a continuous period embracing more than two terms after his arrest and commitment thereon, or, if he was in jail at the time the indictment was found, more than two terms after the term at which the indictment was presented; but he shall be discharged unless a continuance be had on his motion, or the delay be caused by his act.

SEC. 7310. Persons indicted and held to bail; when to be discharged. No person shall be held by recognizance to answer an indictment, without trial, for a period embracing more than three terms, not including a term at which a recognizance was first taken thereon, if taken in term time; but he shall be discharged unless a continuance be had on his motion, or the delay be caused by his act, or there be not time to try him at such third term; and in the latter case, if he be not brought to trial at the next term, he shall be discharged.

Proceedings on application to discharge.

Order of discharge; equivalent to final judgment.-When the defendant in a criminal prosecution is discharged, under § 7309, or § 7310, on the ground that he had not been brought to trial within the time therein limited, the order of discharge is to be regarded, not as a mere temporary release of the prisoner from confinement, but as a final judgment in the cause, and a bar to all subsequent prosecutions for the same crime or offense. (Ex parte McGehan, 22 Ohio St. 442.)

Order remanding prisoner; can not be reviewed on habeas corpus.Where the court erroneously refuses to grant such order of discharge, and, instead thereof, remands the prisoner to jail, and continues the cause, the order remanding the prisoner to jail, so long as it remains unreversed, is a valid and legal authority to the sheriff for retaining the prisoner in custody, and the order can not be reviewed and reversed, or the prisoner discharged, by a proceeding in habeas corpus before another tribunal. (Ex parte McGehan, 22 Ohio St. 442.)

SEC. 7311. Proceedings on application to discharge. If, when application is made for the discharge of a defendant under either of the last two sections, the court is satisfied that there is material evidence for the state which can not then be had, that reasonable exertion has been made to procure the same, and that there is just ground to believe that such evidence can be had at the next term, the cause may be continued, and the prisoner remanded, or admitted to bail; and if he be not brought to trial at the next term, he shall then be discharged.

Application for discharge; when it must be made. To entitle a prisoner to a discharge, on the ground that he has not been brought to trial during the time limited by §§ 7309, 7310, he must make application to the court therefor, and if, when he makes such application, whether during the time so limited, or at a subsequent term of the court, the state is ready to proceed with the trial, or makes the showing specified in § 7311 for a continuance, he will not be entitled to be discharged. (Ex parte McGehan, 22. Ohio St. 442.)

Application for discharge; when it should be refused.-When an application is made for a discharge, under § 7310, at any term of the court, on the ground that the defendant, who had given bail for his appearance, was not brought to trial before the end of the

Proceedings on application to discharge.

third term after the indictment was found, such application should be refused, if at such term the state is ready for trial, although the cause can not be tried for want of time at such term. (Erwin v. State, 29 Ohio St. 186.)

ENTRY-PRISONER DISCHARGED IF NOT TRIED, ETC.

[Title.] Indictment for

The defendant herein having been indicted before the last term of this court, and not brought to trial, he is hereby discharged.

ENTRY-SAME, WHEN RECOGNIZED.

[Title.] Indictment for

The defendant herein not having been brought to trial, and this being the third term of the court after his indictment, he is hereby discharged from his recognizance.

APPLICATION FOR DISCHARGE REFUSED.

[Title.] Indictment for.

This cause being heard on the application of the defendant for discharge on the indictment against him, and the court being satisfied that there is material evidence, on the part of the state, to be had at the next term, and which can not now, by reasonable diligence, be had, the said application is refused; and the said defendant is remanded to the custody of the sheriff.

Or, admitted to bail for his appearance to answer said charge at the next term of this court.

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7813. When court may discharge jury. 7332. Upon sentence for felony, cost

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7318. What the court shall ask the 7336. Warden shall certify correct

convict.

ness of cost-bill, etc.

7319. When court to pronounce judg- 7337. When costs not made, etc., clerk

ment

7320. Testimony after verdict or con

fession to mitigate penalty. 7321. When and for how long execution of sentence may be suspended.

7322. In what case recognizance required.

7323. When writ not allowed. 7324. When judgment is affirmed.

7325. Imprisonment, recapture, etc.

to certify such fact to auditor of state.

7338. How death penalty inflicted. 7339. Clerk to issue death warrant. 7340. Where warrant to be executed. 7341. Who may be present.

7342. Military force may be required. 7343. Execution and return of war

rant.

7344. When accused escapes, he may be rearrested and executed.

7326. How convict to be confined in 7345. If convict appear to be insane,

the jail.

7327. Sentence when person confined. 7328. Execution for fine and costs

against property and body of offender. 7329. Execution for same to sheriff of other county. 7330. When and how convicts to be transported to penitentiary. 7331. Sheriff may demand assistance

inquest to be had.

7346. Proceedings on the inquest. 7347. When convict restored, governor to order execution. 7348. Proceedings when a female convict appears to be with child. 7849. When convict no longer pregnant, governor to order execution.

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