The Penal Code of the State of California

Front Cover
A.L. Bancroft, 1874 - 628 pages
 

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Contents

Crimes how divided
15
THE JUDGMENT
17
TITLE I
27
TITLE II
33
Refusal to be sworn by or to answer questions of Board of Judges of Election a misdemeanor
36
meanor
37
Voting without being qualified voting twice and other election frauds felonies
38
Attempting to vote without being qualitied
39
Forging or altering returns a felony
40
Intimidating corrupting deceiving or defrauding electors a misdemeanor
41
Unlawful offers to procure offices for electors
42
Preventing public meetings
43
Violation of election laws by persons not officers
44
Acts of officers de facto not affected
45
Extortion
46
Buying appointments to office
47
Preceding sections to apply to administrative and ministerial officers
48
Members of the Legislature in addition to other penalties to for
51
CHAPTER V
57
Falsifying evidence
63
CHAPTER VII
65
fugitives from justice
66
Making arrests etc without lawful authority
67
Refusing to aid officers in arrest etc
68
Compounding crimes
69
Debtor fraudulently concealing his property
70
Substituting one child for another
71
Attorneys forbidden to defend prosecutions carried on by their partners or formerly by themselves
72
Bribing members of Common Councils Boards of Supervisors or Trustees
73
False certificates by public officers
74
Grand Juror disclosing what transpired before the Grand Jury
75
Bringing Chinese into the State
76
Conspiracy
77
TITLE VIII
79
Homicide
80
Mayhem
96
Kidnapping
97
Robbery
98
Attempts to kill
100
Duels and challenges
101
Posting for not fighting
102
False imprisonment
103
Assault and battery
104
Libel
107
CHAPTER I
110
Abortions
117
Bigamy defined
119
Violating sepulture and the remains of the dead
123
INDECENT EXPOSURE OBSCENE EXHIBITIONS BOOKS AND PRINTS
130
CHAPTER X
136
Pawnbrokers
138
Acts of intoxicated physicians
140
Counterfeiting trade marks
142
Selling goods which bear counterfeit trade marks
143
Defacing marks upon wrecked property and destroying bills of lading
144
Contracting or solemnizing incestuous or forbidden marriages
145
Concealing persons entitled to benefit of habeas corpus
146
TITLE X
147
Death from collision on railroads
148
Unequal damage
152
Willful violation of health laws
153
Unlicensed piloting
154
Disposing of tainted food etc
156
Obstructing attempts to extinguish fires
157
Crossing toll bridges etc without paying toll
158
Violation of duty by employés of railroad companies
159
Selling firearms and ammunition to Indians
160
Riot defined
161
Rout defined
162
Punishment of rout and unlawful assembly
163
Prize fights
164
Forcible entry and detainer
165
Refusing to give Assessor list of property or giving false name
166
scribed by law
169
Carrying on business without license
170
Officer charged with collection etc of revenue refusing to per mit inspection of his books
171
CHAPTER I
172
Burglary and housebreaking
176
Having possession of burglarious instruments and deadly Weapons
179
Making false entries in records or returns
182
Passing or receiving forged notes
183
Counterfeiting coin bullion etc
184
Larceny
185
Petit larceny
192
Written instruments completed but not delivered
193
Stealing gas
194
Embezzlement
195
Distinct act of taking
197
Intent to restore the property is no defense
198
Punishment of extortion committed under color of official right
199
Obtaining signature by means of threats
200
Officers of railroad companies making overcharges
201
Receiving property in a false character
202
Fraudulent conveyances
203
Married person selling lands under false representations
204
Mock auction
205
540 Other persons willfully destroying vessel etc
206
Director absent from meeting when presumed to have assented to proceedings
209
Director defined
214
CHAPTER XIV
215
portation or storage
217
CHAPTER XV
218
TITLE XIV
219
Destroying or injuring bridges dams levees water dams etc
220
Burning buildings and other property not the subject of arson
222
Limitation upon the operations of the preceding section
224
Coast Survey
227
Opening or publishing sealed letters
228
Injuring works of art or improvements in any city town or village
229
TITLE XV
230
is prohibited
232
CHAPTER II
234
Harbor Commissioners
236
Enticing seamen to desert
237
Issuing or circulating paper money
238
Requiring wards or apprentices to work more than eight hours
239
TITLE XVI
240
public officers
242
Civil death
247
PART II
249
PRELIMINARY PROVISIONS SECTION 681 No person punishable but on legal conviction
251
Public offenses how prosecuted
252
Second prosecution for the same offense prohibited
253
TITLE I
255
Of the intervention of the officers of justice
256
formation
282
dPENAL
283
Indorsement on the warrant for service in another county how and upon what proof to be made
284
When bail is not given When magistrate who issued warrant cannot act
285
Duty of officer
286
When the arrest may be made
288
Same
289
Same
290
Time to send and sending for counsel
291
On postponement defendant to be committed or discharged on bail
292
Examination of witnesses to be in presence of defendant and his right to crossexamine
293
Testimony how taken and authenticated
294
Deposition by whom and how kept
295
Order for commitment
296
TITLE IV
299
Retirement of the Grand Jury Discharge of
300
FINDING AND PRESENTMENT OF THE INDICTMENT SECTION 940 Indictment must be found by twelve jurors indorsed etc
310
Effect of dismissal
311
Proceedings when defendant is not in custody
312
Form of indictment
314
The indictment must charge but one offense and in one form except where it may be committed by different means
315
Statement as to time when offense was committed
316
Words used in a statute need not be strictly pursued
317
Indictment not insufficient for defect of form not tending to prejudice defendant
324
Presumptions of law etc need not be stated
325
Pleading in indictment for larceny or embezzlement
326
Previous conviction of another offense how stated in indictment
327
OF PLEADINGS AND PROCEEDINGS AFTER INDICTMENT
328
CHAPTER II
334
CHAPTER V
345
papers must be transmitted
348
Bills of exception 407
352
Panel defined
354
When and how taken
355
Challenge when jury is summoned but not drawn for bias in summoning officer
356
Peremptory challenge what and how taken
358
Definition and kinds of challenge for cause
359
Ground of challenge for actual bias
360
Exemption not a ground of challenge
361
Causes of challenge how stated
363
Exceptions to challenge and denial thereof
364
Triers how appointed Majority may decide
366
Challenge for implied bias how determined
367
Verdict of triers and its effect
368
Order of trial
369
On indictment for libel jury to determine law and fact 395
370
Number of counsel who may argue the case to the jury
374
Defendant presumed innocent until the contrary is proved Reasonable doubt
375
Separate trials
376
Effect of such discharge
377
HOMICIDE
385
Evidence on trial for treason
388
Evidence upon a trial for forging bank bills etc Experts
389
Evidence of false pretenses
390
If the evidence show higher offense than the one charged pro ceedings to be had thereon
391
Court may discharge jury when it has not jurisdiction etc
392
Same
393
View of premises when ordered and how conducted
394
Proceedings when juror becomes unable to perform his duties
395
Jury may decide in Court or retire in custody of officers Oath of officers
396
When defendant on bail appears for trial he may be committed
397
Room and accommodations for the jury after retirement how provided
398
CHAPTER IV
400
General verdict
401
Special verdict
403
When special verdict defective new trial to be ordered
404
Jury may find upon charge of previous conviction
405
When judgment may be given on informal verdict
406
Exhibiting deadly weapon in rude etc manner or using the same unlawfully 165
417
Appointing time for judgment
418
When defendant in custody how brought before the Court for judgment
419
Warrant how served
420
If no cause shown judgment to be pronounced
421
Proof of former conviction or of facts etc in mitigation etc how made
422
CHAPTER II
424
cution
425
Judge to transmit statement of conviction and testimony to Governor
426
Proceedings upon finding of jury
427
Number of counsel to be heard
435
COMPELLING THE ATTENDANCE OF WITNESSES
439
Deposit instead of bail
440
ARTICLE III
447
Deposit when and how made
449
CHAPTER II
455
Subpæna defined and who may issue
457
27 Form of subpæna
458
Payment of the expenses of the witness when he is from with out the county or is poor
459
CHAPTER IV
460
tion must proceed
461
Deposition to be transmitted to Clerk
462
Inquiry into the insanity of the defendant before trial or after
467
CHAPTER VII
470
CHAPTER IX
472
Disposal of property stolen or embezzled
475
SECTION 1417 Power of the Governor to grant reprieves commutations
477
Verdict when several defendants are tried together
486
Defendant on acquittal to be discharged Order that prose cutor pay costs
487
Grounds of motion in arrest of judgment
488
Judgment of imprisonment how executed
489
Police Courts defined
490
If new trial granted in what Court had
491
Application for how made
494
Writ must be granted without delay
495
Proceedings upon disobedience to the writ
496
Body must be produced when
497
When Court may discharge the party
498
When to remand party
499
Not to be discharged for defect of form in warrant
501
Judge may take bail
502
Disposition of party pending proceedings on return
503
Warrant may include person charged with illegal detention
504
Of Coroners inquests and duties of Coroners
505
Exception
506
Coroner to issue warrant when
507
Of search warrants
508
By whom serred
511
Officer to give receipt for property taken
512
Proceedings against fugitives from justice
513
Magistrate to issue warrant
514
charged
517
Miscellaneous provisions respecting special proceedings of a crimipal nature
520
Definition of law
537
CHILD STEALING
556
Murder defined 80
596
Degrees of murder 82
610

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Common terms and phrases

Popular passages

Page 341 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 388 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 22 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition.
Page 197 - ... not in the due and lawful execution of his trust, any property which he has in his possession, or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement.
Page 287 - Arrests by • • peace obedience to a warrant delivered to him, or may, officers, without a warrant, arrest a person: 1. For a public offense committed or attempted in his presence. 2. "When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Page 241 - An act or omission which is made punishable in different ways by different provisions of this code, may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other.
Page 446 - ... will appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself amenable to the orders and process of the court, and, if convicted, will appear for judgment and render himself in execution thereof...
Page 257 - SEC. 5. The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.
Page 108 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 456 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.

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