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9. General principles of warrants
 
  Article 57-Warrants and attendance  
57.1 Warrants and attendance  
  A magistrate may issue a warrant of arrest or a summons:  
  1. In any case in which he is by law authorized to order verbally the arrest of an offender;  
  2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and  
  3. In any case named in this Code where he is specially authorized to issue warrants of arrest.  
57.2 Issue and serving of summons  
  A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place.  
  The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address. If a defendant fails to appear in response to the summons a warrant shall be issued.  
57.3 Complaint  
  The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense.  
57.4 Requisites of complaint  
  The complaint shall be sufficient, without regard to form, if it have these substantial requisites:  
  1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.  
  2. It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.  
  3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant.  
  4. It must be signed by the affiant by writing his name or affixing his mark.  
     
     
 
 

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