The Penal Code of California

Front Cover
H.S. Crocker & Company, book and job printers, 1872 - 628 pages
 

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Contents

THE JUDGMENT
17
PART I
27
TITLE II
33
Refusal to obey summons of Board of Registration a misde meanor 37
34
Voting without being qualified voting twice and other election frauds felonies
38
Attempting to vote without being qualified
39
Forging or altering returns a felony
40
Intimidating corrupting deceiving or defrauding electors a misdemeanor
41
5 Unlawful offers to procure offices for electors
42
Preventing public meetings
43
OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE SECTION 65 Acting in a public capacity without having qualified
44
Extortion
46
Buying appointments to office
47
Preceding sections to apply to administrative and ministerial officers
48
CHAPTER II
54
ESCAPES AND AIDING THEREIN
55
Falsifying evidence
63
Destroying evidence
64
CHAPTER VII
65
fugitives from justice
66
Making arrests etc without lawful authority
67
Refusing to aid officers in arrest etc
68
Administering extrajudicial oaths 153 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 168 Disclosing fact of indictment or presentment having been found or made
74
Grand Juror disclosing what transpi ed before the Grand Jury 170 Maliciously procuring search warran 171 Unauthorized communication with cnvic...
75
Bringing Chinese into the State
76
CHAPTER VIII
77
CHAPTER I
79
Homicide
80
Mayhem
96
Kidnapping
97
Robbery
98
Attempts to kill
100
Duels and challenges
101
False imprisonment
103
Assault and battery
104
Libel
107
CHAPTER I
110
CHAPTER II
117
Bigamy defined
119
Indecent exposures exhibitions and pictures
130
CHAPTER X
136
CHAPTER XII
140
Mismanagement of steam boilers
141
350 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 tol
158
Violation of duty by employés of railroud companies
159
Selling firearms and ammunition to Indians
160
TITLE XI
161
Rout defined
162
Punishment of rout and unlawful assembly
163
Persons present at 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
Giving bribes to Judges jurors referees etc 51
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
Larceny defined
186
Larceny of lost property
191
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
Other persons willfully destroying vestel etc
206
Director absent from meeting when presumed to have assented to proceedings
209
Director defined
214
Issuing fictitious bills of lading etc
215
portation or storage
217
CHAPTER XV
218
Injuries to milestones and guide boards
219
Killing seals and sea lions within one pile of Cliff House
222
Limitation upon the operations of the preceding section
224
TITLE XV
230
Taking salmon when prohibited
233
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
Mitigation of punishment in certain c ses
241
Sending letters when deemed complete
242
674 Civil death
247
PART II
251
Public offenses how prosecuted
252
Second prosecution for the same offense prohibited
253
TITLE I
255
Of lawful resistance
256
Name or description of the defendant in the warrant and state ment of the offense
283
Indorsement on the warrant for service in another county how and upon what proof to be made
284
When bail is not given Whin magistrate who issued warrant cannot act
285
Admission to bail
286
When the arrest may be made
288
Same
289
Retaking after an escape or rescue
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
CHAPTER II
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
Motion when heard If denied or granted what proceedings
334
HOMICIDE
342
TRANSMISSION OF CERTAIN INDICTMENTS FROM THE COUNTY COURT
345
The mode of trial
348
Bills of exception 407
352
Defendants cannot sever in challenges
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 chailenge
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
Reasonable doubt
375
Separate trials
376
Effect of such discharge
377
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
dPENAL
398
all purposes connected with cause
400
Return of jury
401
Special verdict
403
When special verdict defective new tal to be ordered
404
Jury may find upon charge of previos conviction
405
When judgment may be given on infermal verdict
406
CHAPTER V
408
Exhibiting deadly weapon in rude c manner or using the same unlawfully 165
417
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
CIIAPTER II
424
Judgment of fine and imprisonment by whom and how exe cuted
425
Judge to transmit statement of conviction and testimony to Governor
426
Proceedings upou finding of jury
427
CHAPTER II
430
CIIAPTER III
435
COMPELLING THE ATTENDANCE OF WITNESSES
439
Deposit when and how made
449
WHO MAY BE WITNESSES IN CRIMINAL ACTIONS
455
CHAPTER IV
460
Commission how executed Copy of this section to be
462
Having possession of deadly weapons fith intent to commit
467
CHAPTER VII
470
Court may of own motion or on application of District Attor
471
Disposal of property stolen or embezzled
475
Verdiet when several defendants are tried together
480
Proceedings if appeal is dismissed or judgment affirmed
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
Damages by whom recovered for failure to issue or obey the writ
505
Exception
506
Coroner to issue warrant when
507
CHAPTER III
508
Return of warrant and delivery of inventory of property taken
512
Proceedings if grounds of warrant are controverted
513
Magistrate to issue warrant
514
charged
517
Parties to special proceedings how designated
520
CHAPTER II
529
Board when to report credits to Governor
530
Further powers of the Board
531
TITLE II
532
Prisoners to be returned to proper county
534
Prisoners may be removed in case of fire
535
Prisoners may be required to labor
536
POLITICAL CODE OF THE DEFINITION AND SOURCES OF LAW EFFECT AND PUB LICATION OF THE CODES AND THE EXPRESS REPE...
537
Effect of the Codes
538
Publication of the Codes and statutes continued in force
539
Murder defined 80
596
Degrees of murder 82
610

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Common terms and phrases

Popular passages

Page 22 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Page 148 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
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 11 - Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning...
Page 197 - ... not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
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 34 - All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission...
Page 82 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Page 9 - ... person" includes a corporation as well as a natural person; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term "testify...
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.

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