Section 15-10-8 – When Notice of Arrest for Capital Felony to Be Given to Governor or Chief Justice.
Section 15-10-8 When notice of arrest for capital felony to be given to Governor or Chief Justice. Whenever any person arrested is charged with a capital felony and there is no court having jurisdiction thereof in session, it shall be the duty of the sheriff or the officer making the arrest or having the custody […]
Section 15-10-60 – Definition; Procedure.
Section 15-10-60 Definition; procedure. A “bench warrant” is one issued by a judge for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue it within his jurisdiction, and every person so arrested must be committed to jail until bail is tendered. Any judicial officer or the […]
Section 15-10-9 – Rearrest After Escape or Rescue.
Section 15-10-9 Rearrest after escape or rescue. If a person arrested escapes or is rescued, he may be immediately pursued by the officer or person in whose custody he was and retaken at any time and in any place in the state. If such officer or person is refused admittance, after notice of his intention, […]
Section 15-10-70 – Duty of Arresting Officer and Sheriff of Other County.
Section 15-10-70 Duty of arresting officer and sheriff of other county. When any person charged with the commission of any offense is arrested in any county other than that in which he is triable by an officer of the county in which he is arrested, such arresting officer shall immediately commit him to a jail […]
Section 15-10-10 – Where Warrant to Be Executed; Endorsement When Executed in Different County.
Section 15-10-10 Where warrant to be executed; endorsement when executed in different county. Except as provided in Section 15-10-11, a warrant or writ of arrest may be executed in the county in which it was issued, unless the defendant is in another county. When the defendant is in another county, it may be executed therein […]
Section 15-10-71 – Application for Removal Order; Granting of Order.
Section 15-10-71 Application for removal order; granting of order. The sheriff of the county where such person is triable, upon receipt of such notification, shall apply to the district court of his county for a removal order. The district court to whom the application is presented shall grant the same upon a finding that a […]
Section 15-10-11 – Authority of Officer to Pursue and Arrest Defendant in Another County on Warrant From Municipal Court.
Section 15-10-11 Authority of officer to pursue and arrest defendant in another county on warrant from municipal court. Any lawful officer, having a warrant of arrest issued by a municipal court to execute, may pursue the defendant into another county and, on obtaining a signed endorsement on the warrant by an officer of that county […]
Section 15-10-72 – Endorsement on Removal Order.
Section 15-10-72 Endorsement on removal order. The arresting officer shall make the following endorsement on the back of the removal order: “This is to certify that I have this _____ day of _____ delivered to ______, sheriff of _____ County, or to his deputy, _____, the within named prisoner or prisoners, _____, sheriff of _____ […]
Section 15-10-12 – When Defendant to Be Taken Before Judge or Magistrate Issuing Warrant.
Section 15-10-12 When defendant to be taken before judge or magistrate issuing warrant. When the warrant of arrest is executed in any county other than the one in which it is issued and is for a felony, or when for a misdemeanor and the defendant is not bailed according to the provisions of Sections 15-7-20 […]
Section 15-10-73 – Application for Guard in Removal of Prisoner; Endorsement by Court if Application Granted; Guards for Prisoners Charged With Misdemeanors.
Section 15-10-73 Application for guard in removal of prisoner; endorsement by court if application granted; guards for prisoners charged with misdemeanors. Whenever a sheriff makes application for the employment of a guard in the removal of a prisoner from another county, such application must be in writing and briefly set forth the facts necessitating the […]