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accused acquittal action admissible affidavit aforesaid alleged amendment appears application arraignment arrest challenge for cause check and order committed complainant confession constitute conviction corpus delicti counsel crime criminal custody deceased declaration defendant deft demurrer discharged discretion district attorney dying declaration entitled error evidence fact failure fendant fense filed former jeopardy grand jury granted ground guilty habeas corpus imprisonment indictment or information individual juror insanity instruction intent issue judge judgment jurisdiction justice magistrate matter ment misconduct misdemeanor motion offense charged opinion panel party Penal Code peremptory challenges person phonographic plea pleading preliminary examination present prisoner proceedings proof proper prosecution prove public offense punishable question reason reversible error rule search warrant sentence sheriff statement statute sufficient superior court sworn taken testimony thereof tion to-wit trial court unlawfully and feloniously unless variance verdict waived wilfully witness writ