if the offender had been brought before him on a warrant of arrest.
Arrest by private person.s. 129, Crim. Pr.
§ 7154. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
Inform person of cause of arrest.s. 130, Crim. Pr.
§ 7155. He must, before making the arrest, inform the person to be arrested of the cause thereof, and require him to submit, except when he is in the actual commission of the offense or when he is arrested on pursuit immediately after its commission.
Private person may break door.s. 131, Crim. Pr.
§ 7156. If the person to be arrested have committed a felony, and a private person, after notice of his intention to make the arrest, be refused admittance, he may break open an outer or inner door or window of a dwelling house, for the purpose of making the arrest.
Duty in case of arrest by private person.s. 132, Crim. Pr.
§ 7157. A private person who has arrested another for the commission of a public offense, must, without unnecessary delay, take him before a magistrate or deliver him to a peace officer.
Offensive weapons taken away.s. 133, Crim. Pr.
§ 7158. Any person making an arrest must take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken.
CHAPTER 6.
RETAKING AFTER AN ESCAPE OR RESCUE.
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Section. 7160. Pursuit and arrest of escape. |
Section. 7161. May break door or window to make arrest. |
s. 134, Crim. Pr.
§ 7160. If a person arrested escape or be rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him, at any time, and in any place in the territory.
May break door or window to make arrest.s. 135, Crim. Pr.
§ 7161. To retake the person escaping or rescued, the person pursuing may, after notice of his intention and refusal of admittance, break open an outer or inner door or window of a dwelling house.
CHAPTER 7.
PRELIMINARY EXAMINATION.
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Section. 7162. Duty of magistrate. 7163. Defendant allowed counsel. 7164. Defendant to be examined. 7165. Adjournment. 7166. Disposition of defendant on adjournment. 7167. Commitment for examination. 7168. Duty of magistrate on examination. 7169. Rights of the defendant. 7170. Order of witnesses, 7171. Magistrate to keep depositions. 7172. Violation of provisions of last section. 7173. Defendant discharged, when. 7174. Costs taxed against complainant. 7175. Defendant held to answer.
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Section. 7176. Proceedings when offense is not bailable. 7177. When offense is bailable. 7178. If bail is not taken. 2179. Commitment. 7180. Form of commitment, 7181. Witnesses to give undertaking. 7182. Sureties may be required. 7183. Infants and married women. 7184. Witness committed 7185. Subsequent security may be demanded. 7186. Witness may be confined, 7187. Magistrate must return papers and record.
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s. 136, Crim. Pr. § 7162. When the defendant is brought before a magistrate upon an arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate must
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