The Penal Code of the State of California

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A.L. Bancroft, 1874 - 628 páginas

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TITLE V
44
Rescuing prisoners
54
Escapes from State Prison
55
Preparing false evidence
63
Separate and distinct prosecutions
66
CHAPTER VIII
77
Mayhem
96
False imprisonment
103
CHAPTER X
107
CHAPTER I
110
Abortions
117
Bigamy defined
119
Violating sepulture and the remains of the dead
123
CHAPTER VI
130
CHAPTER X
136
Other injuries to persons
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
Violation of quarantine laws by masters of vessels 377 Willful violation of health laws
153
Debtor fraudulently concealing his property
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
Misconduct by attorneys
160
Rout defined
162
Punishment of rout and unlawful assembly
163
Prize fights
164
Criminal contempts
166
Keeping liquor within two miles of State Prison
172
Having possession of burglarious instruments and deadly
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
Making or possessing counterfeit dies or plates
185
66 Larceny defined
186
Murder defined
188
Larceny of lost property
191
Petit larceny
192
Written instruments completed but not delivered
193
Stealing gas
194
Purchasing or receiving in pledge junk etc of minors misde meanor
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
Making false manifest etc
206
Director absent from meeting when presumed to have assented
209
CHAPTER XIV
215
Taking salmon when prohibited 922 200
230
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
Sending letters when deemed complete
242
PRELIMINARY PROVISIONS
251
OF LAWFUL RESISTANCE
255
THE INFORMATION
257
Police in cities and towns and their attendance at exposed places
260
Governor may in certain cases declare a county in a state
264
Officer when impeached disqualified until acquitted Governor to temporarily fill vacancy
265
Presiding officer when Lieutenant Governor isi mpeached
269
Form of accusation
270
Proceedings if defendant does not appear
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
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 When magistrate who issued warrant cannot act
285
Arrest by whom and how made
286
Arrests by peace officers
287
Retaking after an escape or rescue
290
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
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
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
CHAPTER VI
410
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
ARTICLE IV
449
CHAPTER II
455
Subpoena defined and who may issue
457
Form of subpœna
458
Payment of the expenses of the witness when he is from with out the county or is poor
459
CHAPTER IV
460
On proof of service if District Attorney be absent examina 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
471
Disposal of property stolen or embezzled
475
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
Duties of persons having charge of police offices in incorporated
490
TITLE XII
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
When officer etc of any association guilty of embezzlement 196 dPENAL
504
Of Coroners inquests and duties of Coroners
505
Jurors to be sworn
506
Of search warrants
508
Proceedings against fugitives from justice
513
Duty of the District Attorney
514
Miscellaneous provisions respecting special proceedings of a criminal nature
520
DEFINITION AND SOURCES OF THE
537
Witnesses to be summoned 506
560
RAPE ABDUCTION CARNAL ABUSE OF CHILDREN AND SEDUCTION
562
Director of a corporation presumed to have knowledge of
568

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Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...
Página 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.
Página 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.
Página 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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