Secs. 6201 to 6203. "An act in relation to persons imprisoned for offenses against the state of Nebraska." 1875, p. 32. In force February 25. (Superseding sec. 569 of original code.) 6201. That every convict who is now or who may hereafter be confined in the Nebraska penitentiary, and who shall have no infraction of the rules or regulations of the penitentiary or laws of the state recorded against him, and who performs in a faithful manner the duties assigned to him in an orderly and peaceable manner, shall be entitled to the diminution of time from his sentence as appears in the following section, and pro rata for any part of a year where the sentence is for more or less than a year: Of two months on the first year; of two months on the second year; and three months on the third year; of four months on the fourth year, and the like diminution of time for each succeeding year of time of their sen

tence.

6202. Whenever a charge of misconduct shall be sustained by the warden and inspectors at their first meeting after said charge or charges shall have been recorded by the warden or his deputy against a prisoner, he shall lose the deduction of time specified in section one of this act, but he may regain by continuous good conduct thereafter a deduction of time, not exceeding seventy-five per cent of said time specified in section one of this act, and as much less as the warden and inspectors may certify to, as a suitable reward for good conduct.

6203. The governor shall, upon receiving certificate of good conduct from the warden and inspectors, immediately issue his warrant for discharge of such convict; said warrant shall in all cases restore the prisoner to civil rights the same as though a pardon had been issued.

Secs. 6204 to 6206. "An act to provide for the pardon of convicts from the penitentiary in certain cases. "" 1889, p 387. In force June 30.

6204. That on the 4th day of July in each year the governor of this state may in his discretion grant and issue an unconditional pardon to two convicts in the penitentiary who have been confined therein for ten (10) years or more, and whose conduct while incarcerated in the penitentiary has been such as to entitle him or her to the benefits of the good time act.

6205. Said pardons shall be issued upon the written recommendation of the warden of the penitentiary, the attorney general, secretary of state, and the chief justice of the supreme court.

6206. This act shall not be construed or taken to abridge or deny the power now vested in the governor to grant pardons, but shall be an addition thereto.

Sec. 570 repealed the following: R. S. 1866, secs. 34-36, p. 11; ch. 21, p. 176; sec. 109, p. 227; secs. 107, 110, pp. 340-1; sec. 12, p. 344; crim. code, p. 592 et seq., except ch. 29, p. 671.1867 (Ter.), p. 5. 1867 (State), p. 46, as amended 1871, p. 80. 1869, p. 19, "An act to prohibit the sale of intoxicating liquors on days of election;" p. 81, "An act to punish offenders against chastity, morality, and decency," as amended 1870, p. 6; p. 94, "An act to amend sec. 20, sec. 4, crim. code;" secs. 31-38, 40, 43-50, pp. 105-9; sec. 103, pp. 214-15. 1871, p. 79, "An act in relation to persons imprisoned under sentence for offenses against the laws of Nebraska;” pp. 84 and 119, acts relative to justices of the peace; p. 118, act relative to counsel for indigent prisoners; p. 128, act to protect certain birds, and all acts in conflict; Provided, That the validity of such acts so repealed shall be saved and continued to the extent described in section 255.

CHAPTER LIII.-ERRORS FROM INFERIOR COURTS.

Secs. 6207 to 6212. "An act to provide for reviewing on error all criminal cases before county judges, justices of the peace, police magistrates, and all other courts inferior to the district court, wherein the accused shall be convicted and adjudged to pay a fine or to be imprisoned, or both." 1883, p. 330. In force June 1.

6207. That in all criminal cases tried before county judges, police judges, justices of the peace, police magistrates, and all other courts inferior to the district court, wherein the accused shall be convicted of a violation of any law of this state,

or of an ordinance of any municipal corporation in this state, and adjudged to pay a fine or to be imprisoned, or both, such judgment may be reviewed on error in the district court of the county in which any such trial and conviction may be had.

6208. On application by or on behalf of such convicted person to any such officer or court before whom such trial and conviction may have been had, and upon tender of the legal fees, such officer shall make and deliver to such convicted person or his counsel a complete certified transcript of the judgment and all docket entries made on the trial of such case, and on receipt of a copy of the summons, as hereinafter set forth, shall forward to the clerk of the district court the original papers in

the case.

6209. The proceeding to review any such judgment shall be by petition in error, to which shall be attached such transcript, and also any original papers received by the clerk, and the court in which the review is sought may, by summary process, compel a more complete record to be furnished and such original papers to be forwarded.

6210. When such petition and precipe are filed in any court, a summons in error, returnable in thirty days, shall be issued by the clerk, unless the judge of such court prescribe another day for the return, which summons shall be directed to the sheriff of the county in which the district attorney resides, containing such description of the judgment as to identify it, reciting the fact that a petition in error has been filed, and command such sheriff to notify the district attorney of the time it will be for hearing; and if original papers are required, it shall command the sheriff to notify the officer in whose possession they are to forward them to such clerk. In case the district attorney should reside in some county other than the one in which such proceedings in error are to be had, the clerk may send the summons in error by mail to the proper sheriff, who may return the same by mail to the clerk of the court from which it was issued.

6211. Upon the hearing of a petition in error, the court may affirm the judgment or reverse it in whole or in part, and order the accused to be discharged.

6212. No sentence or judgment shall be suspended or execution stayed until the defendant shall enter into a recognizance before the clerk of the district court where his petition in error is filed, conditioned that the defendant will prosecute his petition in error to effect, and surrender himself to the custody of the proper officer of the county in which the conviction was had, in case the judgment against him be not reversed or a new trial ordered.

CHAPTER LIV.-PROSECUTION OF OFFENSES BY INFORMATION.

Secs. 6213 to 6220. "An act to provide for prosecuting offenses on information and to dispense with the calling of grand juries, except by order of the district judges." 1885, p. 397. In force June 5.

6213. That the several courts of this state shall possess and may exercise the same power and jurisdiction to hear, try, and determine prosecutions upon information, for crimes, misdemeanors, and offenses, to issue writs and process, and do all other acts therein, as they possess and may exercise in cases of like prosecntions upon indictments.

451).

Murder may be prosecuted by information instead of by indictment. 29, 440 (45 N. W.,

6214. All informations shall be filed during term, in the court having jurisdiction of the offense specified therein, by the prosecuting attorney of the proper county as informant; he shall subscribe his name thereto, and endorse thereon the names of the witnesses known to him at the time of filing the same; and at such time

before the trial of any case as the court may, by rule or otherwise, prescribe, he shall endorse thereon the names of such other witnesses as shall then be known to him.

Information must allege that crime was committed within the jurisdiction of the court. 22, 420 (35 N. W., 202). Names must be endorsed on the information before the trial term. 19,648 (28 N. W., 304). Failure to endorse name of witness on information, ground for new trial. 20, 517 (31 N. W., 5). But if testimony not material, not error. 24, 724 (40 N. W., 302). Names of witnesses cannot be added to information unless it be shown that they were not known before. 27, 732-4 (43 N. W., 747; 44 N. W., 108). Endorsement on day of trial of name of witness who was not called, not error. 29, 444 (45 N. W., 451). Witnesses used in rebuttal of a collateral issue raised by defendant need not be endorsed. 23, 311 (36 N. W., 527).

6215. All information shall be verified by the oath of the prosecuting attorney, complainant, or some other person, and the offenses charged therein shall be stated with the same fullness and precision in matters of substance as is required in indictments in like cases. Different offenses and different degrees of the same offense may be joined in one information, in all cases where the same might by different counts in one indictment; and in all cases a defendant or defendants shall have the same rights, as to proceedings therein, as he or they would have if prosecuted for the same offense upon indictment.

6216. That the provisions of chapters XL, XLI, XLII, XLIII, XLIV, XLV of the Criminal Code, in relation to indictments, and all other provisions of law applying to prosecutions upon indictments to writs, and process therein, and the issuing and service thereof, to motions, pleadings, trials, and punishments or the execution of any sentence and to all other proceedings in cases of indictments, whether in the court of original or appellate jurisdiction, shall in the same manner and to the same extent, as near as may be, apply to informations, and all prosecutions and proceedings thereon.

6217. Any person who may, according to law, be committed to jail, or become recognized or held to bail with sureties for his appearance in court to answer to any indictment, may, in like manner, so be committed to jail or become recognized and held to bail for his appearance, to answer to any information or indictment, as the case may be.

6218. It shall be the duty of the prosecuting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination, as provided by law, touching the commission of any offense wherein the offender shall be committed to jail, or become recognized or held to bail, and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe, and file with the clerk of the court a statement in writing, containing his reasons, in fact and in law, for not filing an information in such case, and that such statement shall be filed at and during the term of court at which the offender shall be held for his appearance; Provided, That in such case such court may examine said statement, together with the evidence filed in the case, and if, upon such examination, the court shall not be satisfied with said statement, the prosecuting attorney shall be directed by the court to file the proper information, and bring the case to trial.

Information cannot be made against one whom the supreme court has found no cause of action. 22, 147 (34 N. W., 346.)

6219. Grand juries shall not hereafter be drawn, summoned, or required to attend at the sittings of any court within this state, as provided by law, unless the judge thereof shall so direct by writing, under his hand, and filed with the clerk of said court.

They cannot be now summoned from bystanders in an emergency. 18, 402 (25 N. W., 527). 6220. No information shall be filed against any person for any offense.

until such person shall have had a preliminary examination therefor as provided by law, before a justice of the peace or other examining magistrate or officer, unless such person shall waive his right to such examination; Provided, however, That information may be filed without such examination against fugitives from justice, and any fugitive from justice against whom an information shall be filed may be demanded by the governor of this state of the executive authority of any other state or territory, or of any foreign government, in the same manner, and the same proceedings may be had thereon, as provided by law in like cases of demand upon indictment filed.

Deputy prosecuting attorney cannot file information. 22, 150 (34 N. W., 346). Cited, 28, 349 (44 Ñ. W., 443).

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