After hearing

§ 764. What judgment may be rendered. the appeal the court must give judgment without regard to technical errors or defects which have not prejudiced the substantial rights of the defendants, and may render the judgment which the court below should have rendered, or may, according to the justice of the case, affirm or reverse the judgment, in whole or in part, as to all or any of the defendants, if there be more than one, or may order a new trial, or may modify the sentence.

See People, ex rel. Stokes, v. Risley, 38 Hun, 282; 4 N. Y. Cr. Rep. 111; People v. Cutler, 28 Hun, 465; 1 N. Y. Cr. Rep. 178; People v. McIntosh, 5 id. 39; People v. Harris, 28 N. Y. State Rep. 301; People v. Upton, 29 id. 779; People v. Moore, 50 Hun, 359; People v. Starks, 17 N. Y. State Rep. 237, 238.

§ 765. Judgment to be entered on the minutes. When judgment is given upon the appeal, it must be entered upon the

minutes.

§ 766. Order upon judgment for affirmance. If the judgment be affirmed, the court must direct its execution, and if the defendant be 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 imprison

ment.

§ 767. Order upon judgment of reversal. If the judg ment 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.

See People v. 1rumble, 1 N. Y. Cr. Rep. 446.

§ 768. If new trial ordered, to be had in court of sessions; proceedings thereon.-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. But where the appeal was from a judgment of commitment made under section two hundred and ninety-one of the Penal Code, the new trial shall be had before the court of sessions without a jury.

§ 769. Proceedings to carry judgment upon appeal into effect, to be had in court of sessions.- If any proceedings be necessary to carry the judgment upon the appeal into effect, they must be had in the court of sessions.

§ 770. On judgment of court of sessions, defendant may appeal to supreme court; his admission to bail.-If the judgment on the appeal be against the defendant, he may appear 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.

See People v. Trumble, 1 N. Y. Cr. Rep. 447; People, ex rel., v. Court of Sessions, 45 Hun, 54.

No appeal can be taken by the people from a judgment of a court of sessions reversing, on an appeal taken thereto, a judgment of a court of special sessions, convicting the defendant of an assault. People v. Snyder, 44 Hun, 193.

§ 771. Judgment of supreme court upon appeal, final.— The judgment of the supreme court upon the appeal is final, except that where the original appeal was from a judgment of commitment of a child, either party may appeal to the court of appeals in like manner as a defendant under section five hundred and nineteen of this Code.

See People, ex rel., v. Court of Sessions, 45 Hun, 54; People v. Snyder, 44 id. 193.

§ 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.

PART VI.

OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE.

TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS.
II. OF SEARCH WARRANTS.

III. OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON.
IV. OF PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE.

V. OF PROCEEDINGS RESPECTING BASTARDS.

VI. OF PROCEEDINGS RESPECTING VAGRANTS.

VII. OF PROCEEDINGS RESPECTING DISORDERLY PERSONS.
VIII. OF PROCEEDINGS RESPECTING THE SUPPORT OF POOR

PERSONS.

IX. OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES

AND SERVANTS.

X. OF CRIMINAL STATISTICS.

XI. MISCELLANEOUS PROVISIONS RESPECTING PROCEEDINGS

OF A CRIMINAL NATURE.

TITLE I.

OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS.

SECTION 773. In what cases coroner to summon a jury; number of jurors to be summoned.

774. Jury to be sworn.

775. Witnesses to be subpoenaed.

776. Compelling attendance of witnesses, and punishing their dis

obedience.

777. Verdict of the jury.

778. Testimony, how taken and filed.

779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned.

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 magistrate with
copy of the same and of testimony returned therewith.
785. Coroner to deliver money or property found, on deceased, to

county treasurer.

SECTION 786. 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 justice may perform duties of coroner,
during his inability.

790. Compensation of coroners.

§ 773. In what cases coroner to summon a jury; number of jurors to be summoned. Whenever a coroner is informed that 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 forthwith inquire into the cause of the death or wounding, and summon not less than nine nor more than fifteen persons, qualified by law to serve as jurors, if such death or wounding be of a criminal nature, to appear before him forthwith at a specified place, to inquire into the cause of the death or wound, and if it shall appear from the sworn examination of the informant or complainant, or if it shall appear by the evidence taken on or during the inquisition, that any person or persons are chargeable with the killing or wounding, or that there is probable cause to believe that any person or persons are chargeable therewith, and if such person or persons be not in custody, he must forthwith issue a warrant for the arrest of the person or persons charged with such killing or wounding; and upon the arrest of any person or persons chargeable therewith, he must be arraigned before the coroner for examination, and the said coroner shall have power to commit the person or persons so arrested to await the result of the inquisition. Any coroner shall be disqualified from acting as such in any case where the person killed or dangerously wounded or dying suddenly, as aforesaid, is a co-employe with said coroner, of any person or persons, association or corporation, or where it appears that the killing or wounding has been occasioned, directly or indirectly, by the employer of said coroner. [Amended 1892, ch. 562; in effect May 13, 1892.

See Penal Code, § 308; 78 Law Times, 332; 14 Alb. L. J. 37; People v. Mondon, 103 N. Y. 211; People v. Willet, 92 id. 29; People v. Fitzgerald, 105 id. 146; 43 Hun, 35; Crisfield v. Perine, 15 id. 202; County of Lancaster v. Mishler, 27 Alb. L. J. 342.

In People v. Devine, 44 Cal. 458, the court say: "At common law, as well as under the statute of Edward I, and our statute concerning coroners, which are but declaratory of the common law, the coroner holding an inquest super visum corporis is in the performance of functions judicial in their character (R. v. White, 3 E. & E. 144; Rep. Const. Ct. So. Car. 231; 32 Miss. 375); so distinctly judicial that he is protected under the principles which protect judicial

officers from responsibility in a civil action brought by a private person. Garnett v. Ferrand, 6 Barn. & Cress. 611."

A statute made railroad companies liable "for all expenses of the coroner and his inquest, and the burial of all persons who may die on the cars, or who may be killed by collision or other accident occurring to such cars, or otherwise." Held, unconstitutional so far as it attempts to make railroad companies liable in cases where they have violated no law or been guilty of no negligence. Ohio Railway Co. v. Lackey, 78 Ill. 55, 259.

§ 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 subpoenas 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.

See People v. Beigler, 3 Park. 316.

The prisoner has no right to cross-examine witnesses before the coroner, or to produce witnesses in his own behalf. People v. Collins, 20 How. Pr. 111; 11 Abb. Pr. 406.

When a coroner directs a post-mortem examination to be made, he may, in his discretion, determine whether any and what persons shall be present besides the surgeons. Crisfield v. Perine, 15 Hun, 200.

And it seems that one suspected of the murder of the person to be examined has no right to be present; he loses no legal right by being excluded. Id. The coroner of New York had no power under the acts of 1868 and 1871, to bind the city to the expense of a chemical analysis of the remains of a deceased person to ascertain the cause of death. Doremus v. New York, 6 Daly, 121. This power has been since conferred by the act of 1875, chapter 620. The coroner is personally liable to a physician employed by him to examine a body at an inquest, and must charge the same in his account against the county. Van Hoevenburgh v. Hasbrouck, 45 Barb. 197. See, also, People, ex rel. Sherman, v. Supervisors, 30 How. Pr. 173; Stevens v. Com'rs, 46 Ind. 541.

776. Compelling attendance of witnesses, and pun. ishing their disobedience.-A witness served with a sub