the supposed insanity, and must give immediate notice thereof to the district attorney.
Inquisition to try insanity.s. 458, Crim. Pr.
§ 7485. The district attorney must attend the inquisition, and may produce witnesses before the jury, for which purpose he may issue process in the same manner as for witnesses to attend before the grand jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the court.
Return of certificate of inquisition.s. 459, Crim, Pr.
§ 7486. A certificate of the inquisition must be signed by the jurors and the sheriff, and filed with the clerk of the court in which the conviction was had.
Duty of sheriff on the finding.s. 460, Crim. Pr.
§ 7487. If it is found by the inquisition that the defendant is sane, the sheriff must execute the judgment; but if it is found that he is insane, the sheriff must suspend the execution of the judgment until he receives a warrant from the governor, or from a majority of the judges of the supreme court, directing the execution of the judgment.
When finding insane, duty of sheriff.s. 461, Crim. Pr.
§ 7488. If the inquisition find that the defendant is insane, the sheriff must immediately transmit to the governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment.
Judgment of death against pregnant woman.s. 462, Crim. Pr.
§ 7489. When there is good reason to suppose that a female, against whom judgment of death is rendered, is pregnant, the sheriff of the county or subdivision, with the concurrence of the judge of the court by which the judgment was rendered, may summon a jury of three physicians of the territory to inquire into the supposed pregnancy. Immediate notice thereof must be given to the district attorney. The provisions of sections 7487 and 7488 apply to the proceedings upon the inquisition.
Duty of sheriff on finding.s. 463, Crim. Pr.
§ 7490. İf it is found by the inquisition that the female is not pregnant, the sheriff must execute the judgment. If, however, it is found that she is pregnant, the sheriff must suspend the execution of the judgment, and transmit the inquisition to the governor.
Governor to order execution.s. 464, Crim. Pr.
§ 7491. When the governor is satisfied that the female is no longer pregnant, he may issue his warrant appointing a day for the execution of the judgment.
Duty of court when judgment is not executed.s. 465, Crim. Pr.
§ 7492. If, for any reason, a judgment of death has not been executed, and it remains in force, the court in which the conviction was had, on the application of the district attorney, must order the defendant to be brought before it, or, if he is at large, a warrant for his apprehension may be issued.
Same-Inquiry by court.s. 466, Crim. Pr.
§ 7493. Upon the defendant being brought before the court, it must inquire into the facts, and if no legal reason exists against the execution of the judgment, must make an order that the sheriff of the proper county execute the judgment at a specified time. The sheriff must execute the judgment accordingly.
Death produced, how.s. 467, Crim. Pr.
§ 7494. The punishment of death must be inflicted by hanging the defendant by the neck until he is dead.
Death-When executed.s. 468, Crim. Pr.
§ 7495. A judgment of death must be executed within the walls or yard of a jail of the county in which the conviction was had, or some convenient private place in the county. If there is no such jail or prison in the county in which the conviction was had, or if it becomes unfit or unsafe for the confinement of prisoners, or is destroyed by fire or otherwise, and the jail of another county has been legally designated for the confinement of the prisoners of the county in which the conviction was had, the judgment must be executed in manner as above.
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