The Penal Code of the State of California

California

A.L. Bancroft, 1874 - 628 pages

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Index

Title and Divisions of this Act	3

PRELIMINARY PROVISIONS SECTION 2 When this Act takes effect 999	5

Code	9

What intent to defraud is sufficient	12

Authority of Courtsmartial preserved Courts of justice to punish for contempts	13

Crimes how divided	15

THE JUDGMENT	17

TITLE I	27

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

TITLE II	33

Refusal to be sworn by or to answer questions of Board of Judges	36

TITLE V	44

Escapes from State Prison	55

CHAPTER VI	63

Separate and distinct prosecutions	66

Limitation of preceding section	72

CHAPTER VIII	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 exposures exhibitions and pictures	130

CHAPTER X	136

Pawnbrokers	138

CHAPTER XII	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

Public nuisances defined	148

Unequal damage	152

Willful violation of health laws	153

Unlicensed piloting	154

by weight with intent to increase weight	155

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

Rout defined	162

Punishment of rout and unlawful assembly	163

Prize fights	164

Forcible entry and detainer wwwwww	165

Disclosing fact of indictment or presentment having been found	168

Delivering receipts for poll taxes other than prescribed by law or collecting poll taxes etc without giving the receipt pre 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

notes bonds etc Forgery of records and official returns	180

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

Selling land twice	204

Mock auction	205

Other persons willfully destroying vessel etc	206

Taking salmon when prohibited	230

CHAPTER II	234

Harbor Commissioners	236

Enticing seamen to descrt	237

Issuing or circulating paper money	238

Requiring wards or apprentices to work more than eight hours	239

TITLE XVI	240

Sending letters when deemed complete	242

commit a State Prison offense	244

Foreign conviction for former offense	245

Second term of imprisonment when to commence	246

Civil rights of convict suspended	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

THE INFORMATION	257

Police in cities and towns and their attendance at exposed places	260

Power of Sheriff or other officer in overcoming resistance	261

Officer when impeached disqualified until acquitted Governor to temporarily fill vacancy	265

ྂ ཋ ཙཌཱུརྱ སྦྱ སྦྱ ལུཿ སྦྱ སྦྱ	268

Presiding officer when Lieutenant Governor isi mpeached	269

Form of accusation	270

Proceedings if defendant does not appear 271	271

State and defendant entitled to process for witnesses	272

TITLE III	273

Of the local jurisdiction of public offenses	274

Of the time of commencing criminal actions	279

The information	280

The warrant of arrest	281

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

Arrest by whom and how made	286

When the arrest may be made	288

Same	289

Retaking after an escape or rescue	290

to counsel	291

On postponement defendant to be committed or discharged on bail	292

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

Motion when heard If denied or granted what proceedings	335

CHAPTER V	345

papers must be transmitted	348

CHALLENGING THE JURY SECTION 1055 Definition and division of challenges	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 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

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

cause to be again tried	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

verdict	407

Exhibiting deadly weapon in rude etc manner or using the same unlawfully 165	417

Presence of defendant	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

CHAPTER III	435

COMPELLING THE ATTENDANCE OF WITNESSES	439

Deposit instead of bail	440

Deposit when and how made	449

CHAPTER II	455

Subpœna defined and who may issue	457

Form of subpoena	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

CHAPTER VII	470

Court may of own motion or on application of District Attor	472

Disposal of property stolen or embezzled	475

Power of the Governor to grant reprieves commutations	477

61	481

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

62	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

883	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

Jurors to be sworn	506

Coroner to issue warrant when	507

Of search warrants	508

When to issue warrant	510

By whom served	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 criminal nature	520

OF THE STATE PRISON AND THE DISCHARGE OF PRISONERS	525

Board when to report credits to Governor	529

think should be pardoned Governor may pardon if Legis	531

TITLE II	532

Prisoners to be returned to proper county	534

Prisoners may be removed in case of pestilence	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

Witnesses to be summoned 506	560

RAPE ABDUCTION CARNAL ABUSE OF CHILDREN AND SEDUCTION	562

Murder defined 80	610

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Common terms and phrases

accused acquittal admitted to bail appear arrest arson assault authority bench warrant bigamy Broach cause challenge CHAPTER Civil Code Cal Clerk commission committed common law conviction counterfeit County Jail Court Cox Cr Crimes and Punishment custody defendant defined depositions discharged District Attorney duty evidence exceeding five execution fact false felony fraudulently Grainger Grand Jury guilty habeas corpus held homicide impeachment indictment indorsed injured intent issued Jail not exceeding Judge judgment jurisdiction juror Justice killing larceny lottery magistrate malice marriage meanor ment misde misdemeanor murder note to Sec NOTE.-See note NOTE.-Stats oath offense charged party pawnbroker peremptory challenge perjury person who willfully plea plead Political Code Cal preceding section present Prison not exceeding Prison not less proceedings procures prosecution provisions public offense punishable by imprisonment reasonable refuses Sheriff Stats statute Subd sufficient taken term thereof thousand dollars tion trial unlawful verdict witness

Bibliographic information

Title	The Penal Code of the State of California
Author	California
Publisher	A.L. Bancroft, 1874
Original from	Harvard University
Digitized	23 May 2008
Length	628 pages

Export Citation	BiBTeX EndNote RefMan

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