Section 15-7-1
Section 15-7-1 "Complaint" defined.
A "complaint" is an allegation made before a proper judge or magistrate that a person has been guilty of a designated public offense.
(Code 1852, §428; Code 1867, §3977; Code 1876, §4647; Code 1886, §4255; Code 1896, §5204; Code 1907, §7584; Code 1923, §5217; Code 1940, T. 15, §119.)Section 15-7-2
Section 15-7-2 Examination of complainant and witnesses; taking of depositions.
(a) Upon a complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant, been committed, the judge or magistrate must examine the complainant and such witnesses as he may propose on oath, take their depositions in writing and cause them to be subscribed by the person making them.
(b) The depositions must set forth the facts stated by the complainant and his witnesses tending to establish the commission of the offense and the guilt of the defendant.
(Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code 1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218, 5219; Code 1940, T. 15, §§120, 121.)Section 15-7-20
Section 15-7-20 Discharge of defendant — By arresting officer.
When the offense described in an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such sheriff or deputy may, on the request of the defendant, discharge him on sufficient bail for his appearance at the next term of the court having jurisdiction of the offense to answer any indictment which may be found against him therefor; and, if such court is in session, for his appearance at such court.
(Code 1852, §440; Code 1867, §3989; Code 1876, §4659; Code 1886, §4275; Code 1896, §5224; Code 1907, §7589; Code 1923, §5222; Code 1940, T. 15, §124.)Section 15-7-21
Section 15-7-21 Discharge of defendant — By judge or magistrate; certification and delivery of warrant with undertaking.
(a) When the offense described in the warrant is a misdemeanor and it is not executed by the sheriff or his deputy, at the defendant's request, he may be brought before a judge, or a magistrate when authorized by law to grant bail, of the county in which the warrant was executed; and such judge or magistrate may, without examination, discharge such defendant, upon sufficient bail for his appearance before the court having cognizance of the offense.
(b) The judge or magistrate admitting a defendant to bail under the provisions of subsection (a) of this section must certify the same upon the warrant and deliver such warrant, with the undertaking, to the officer who executed the warrant, who must cause the same to be delivered without unnecessary delay to the clerk of the court in which the defendant is bound by his undertaking to appear.
(Code 1852, §§441, 443; Code 1867, §§3990, 3992; Code 1876, §§4660, 4662; Code 1886, §§4276, 4278; Code 1896, §§5225, 5227; Code 1907, §§7590, 7592; Code 1923, §§5223, 5225; Code 1940, T. 15, §§125, 127.)Section 15-7-22
Section 15-7-22 Presumption offense of aggravated nature.
When the bail is taken under the provisions of Sections 15-7-20 and 15-7-21, in fixing the amount of bail, it must be presumed that the offense is of an aggravated nature.
(Code 1852, §442; Code 1867, §3991; Code 1876, §4661; Code 1886, §4277; Code 1896, §5226; Code 1907, §7591; Code 1923, §5224; Code 1940, T. 15, §126.)Section 15-7-3
Section 15-7-3 Warrant of arrest — When issued.
If the judge or magistrate is reasonably satisfied from such deposition that the offense complained of has been committed and that there is reasonable ground to believe that the defendant is guilty thereof, he must issue a warrant of arrest.
(Code 1852, §431; Code 1867, §3980; Code 1876, §4650; Code 1886, §4258; Code 1896, §5207; Code 1907, §7587; Code 1923, §5220; Code 1940, T. 15, §122.)Section 15-7-4
Section 15-7-4 Warrant of arrest — Defined; contents; form.
(a) A "warrant of arrest" is an order in writing, issued and signed by a judge or magistrate, stating the substance of the complaint and directed to a proper officer, commanding him to arrest the defendant.
(b) Such warrant must designate the name of the defendant, if known; but if it states that the name is unknown to the judge or magistrate, then no name need be inserted. It must also state the offense by name or so that it can be clearly inferred, the county in which it was issued must appear from some part of the warrant, and the warrant must be signed by the judge or magistrate, with his name and initials of office, or the same must in some way appear from the warrant. It must be directed "to any lawful officer of the state," and, if executed by any lawful officer having authority to execute it, it is valid without regard to its direction.
(c) A warrant of arrest may be in substance as follows:
To any lawful officer of the state:
Complaint on oath having been made before me that the offense of (designating or describing it) has been committed and accusing C. D. thereof, you are, therefore, commanded forthwith to arrest C. D., and bring him before me.
(Code 1852, §§432, 433; Code 1867, §§3981, 3982; Code 1876, §§4651, 4652; Code 1886, §4259; Code 1896, §5208; Code 1907, §7588; Code 1923, §5221; Code 1940, T. 15, §123.)
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