1334 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. CHAPTER FORTY-THREE. OF APPEALS IN CRIMINAL ACTIONS. Sw. Sec. 441. Appekal in criminal action, when 447. Allowange of appeal and return of , 0X60ll 011. 442. Aptsedltlhow taken. 448. Qualification and justification of `443. Undertaking for appeal. sureties. $‘ $*.%*5*2 E35§€‘t?E.‘3.‘Z£°r"3Z$.E§$3"L‘ “°‘ A"?2Zé* ""°“ "°'f°°“"‘ ““" "°"
Undertaking for stay of progeed- 450. Judgment in the appellate court.
in . 451. Defective undertaking, how cured. gs 452. Errors of law, how reviewed. Appeal in criminal Sec. 441. That an appeal may be taken from a judgment of convic- “’°°"""‘°" °“°" tion given in a justice’s court, in a criminal action, to the district court, except when the same is given on a plea of guilty, as prescribed in this ‘ chapter, and not otherwise. App••1.h¤w tam-- Sec. 442. That an appeal may be taken within thirty days from the date of the entry of the judgment by serving a notice upon the district · attorney or upon the private prosecutor in the action and filing the original, with the proof of service indorsed thereon, with the justice, an by giving the undertaking for the costs of the appeal as hereinafter provid . U¤¤¤*¤l¤¤¤ M •r~ SEc. 443. That the undertaking of the appellant must be given, with ’°'L one or more sureties approved by the justice, to the effect that the appellant will pay all costs and disbursements that may be awarded against him on the appeal. IA£r·•:l0:l=¤**Y**°· Sec. 444. That an appeal can only be taken by the defendant. Jane. Jia trans· Sec. 445. That if the defendant i in custody at the time the appeal
- *"•”°'*P"· is allowed, the justice must make the proper transcript and deliver it
to the clerk of the district court by the first day of the next term thereof, K tzmznéit th? sam; to such clerk by mail or other safe conveyance by e rs ay o suc term. Undertaking M Sec. 446. That an allowance of an appeal does not stay the roceed- ‘“’ °"'°°°°'“'”' ings on the judgment unless the defendant give the undertakinlg of bail op as provided in section two hundred and nineteen, title two, o' is ct. ‘ A¤¤*•¤¤°°‘ *1*1*** SEO. 447. That when an appeal is taken, the justice must allow the {umm °{ °x°°°` same, and make an entry thereof in his docket, stating whether the proceedings are thereby stayed or not; and when the proceedings are stayed, if an execution has been issued to enforce the judgment, the justice must recall the same by written notice to the omcer holding the execution, and thereupon it must be returned, and all the property taken thereon and not sold released; and if the defendant is in custody, he must be discharged therefrom. ‘ pSé¤;l°ftm*g,¤·=}: SEQ. 448. That all sureties in an undertaking under the provisions q,,, of this chapter must have the qualifications of bail upon arrest, and, if requ1red by the adverse party, must justify before the justice in like manner. nA|Pi>°°'· "‘*;“ f" _ SEO. 449. That from the filing of the transcri t with the clerk of the md M u-Hi district court the appeal is perfected, and the gction is to be deemed pending therein and for trial upon the issue tried in the justice’s court. The appellate court has the same authority to allow an amendment of the plpadingavicin ap appeal in a criminal action, that it has on an a pea m a C1 ac on. Jugzpaentmjtn th ¤ ?SEQ. 450. That when an appeal is dismissed, the appellate court must ‘”° ‘ °° ‘ give judgment as it was given in the court below, and against the appellant, for the costs and disbursements of the appeal. When judgment is given in the appellate court against the appellant, either with or without tr1al_of the action, it must also be given against the sureties in his undertaking according to the nature and effect thereof
