be made in writing, and the facts on which the same is founded, shall, if not admitted by the other party, be verified by affidavit, and all motions for such certiorari shall be made at the first term of the entry of the action; otherwise, the same shall not be granted, unless upon special cause shown to the court accounting satisfactorily for the delay.
CHAPTER 2.
DISMISSING THE WRIT FOR IRREGULARITY.
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Section. 7514. Writ irregular in substantial particular. |
Section. 7515. Error in return. |
s. 487, Crim. Pr.
§ 7514. If the writ is irregular in any substantial particular, but not otherwise, the court may, on any day in term, on motion of the defendant in error, upon two days' notice, with copies of the papers on which the motion was founded, order it to be dismissed.
Error in return.s. 488, Crim. Pr.
§ 7515. The court may also, upon like motion, dismiss the writ, if the return is not made as provided in sections 7509 and 7510, unless for good cause they enlarge the time for that purpose.
CHAPTER 3.
ARGUMENT OF THE WRIT.
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Section. 7516. Argument of the writ, when. 7517. Plaintiff to furnish copies.
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Section. 7518. Failure of plaintiff to appear. 7519. Number of counsel heard.
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s. 489, Crim. Pr.
§ 7516. The writ of error may be brought to argument by either party on ten days' notice, on any day, at a general or adjourned term of the supreme court, but it must be heard and determined at the first term after the record is filed, unless for good cause shown.
Plaintiff to furnish copies.s. 490, Crim. Pr.
§ 7517. When the writ is called for argument, the plaintiff in error must furnish each member of the court with a copy of the record of the action, bills of exception, and of the assignment of errors. If he fails to do so, the writ must be dismissed, unless, for cause shown, the court otherwise direct.
Failure of plaintiff to appear.s. 491, Crim. Pr.
§ 7518. The judgment may be affirmed if the plaintiff in error fails to appear, but can be reversed only after argument, though the defendant in error fails to appear.
Number of counsel heard.s. 492, Crim. Pr.
§ 7519. Upon the argument of the writ, if the offense is punishable with death, three counsel on each side must be heard, if they require it. In any other case, the court may, in its discretion, restrict the argument to one counsel on each side.
CHAPTER 4.
JUDGMENT IN SUPREME COURT.
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Section. 7520. Court to give judgment, when. 7521. Power of supreme court. 7522. Duty of court if judgment is reversed. 7523. When judgment is affirmed.
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Section. 7524. Copy of judgment sent to district court. 7525. Jurisdiction of supreme court ceases, when.
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s. 493, Crim. Pr.
§ 7520. After hearing the writ, the court must give judgment without regard to technical errors or defects, or to exceptions which do not affect the substantial rights of the parties.
Power of supreme court.s. 494, Crim. Pr.
§ 7521. The supreme court may reverse, affirm or modify the judgment or order of the district court, and may, if proper, order a new trial.
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