California Charles Howard Fairall.

Criminal law and procedure of California including the penal code of California online

. (page 71 of 77)
Online LibraryCalifornia Charles Howard FairallCriminal law and procedure of California including the penal code of California → online text (page 71 of 77)
Font size
QR-code for this ebook

to endanger the health of the prisoners, the county judge may,
by a written appointment, designate a safe and convenient
place in the county, or the jail in a contiguous county, as the
place of their confinement. The appointment must be filed in
the ofllce of the county clerk, and authorize the sheriff to
remove the prisoners to the place or jail designated, and there
confine them until they can be safely returned to the jail from
which they were taken.

Papers served on Jailer for prisoner.

1609. A sheriff or jailer upon whom a paper in a judicial
proceeding, directed to a prisoner in his custody, is served, must
forthwith deliver it to the prisoner, with a note thereon of the
time of its service. For a neglect to do so he is liable to the
prisoner for all damages occasioned thereby.

Guard for jail.

1610. The sheriff, when necessary, may, with the assent in
writing of the county judge, or in a city, of the mayor thereof,
employ a temporary guard for the protection of the county jail,
or for the safe-keeping of prisoners, the expenses of which are
a county charge.

Digitized by VjOOQIC

1611-1614 PENAL CODE. 762

Sheriff to receive all persons duly committed.

1611. The sheriff must receive all persons committed to jail
hy competent authority, and provide them with necesJsary food,
clothing, and hedding, for which he shall be allowed a reason-
able compensation, to be determined by the board of super-
visors, and, except as provided, in the next section, to be paid
out of the county treasury.

67 Cal. 385; 102 Cal. 430.

Prisoners on civil process, when not to be received.

1612 Whenever a person is committed upon process in a
civil action or proceeding, except when the people of this state
are a party thereto, the sheriff is not bound to receive such
person, unless security is given on the part of the party at
whose instance the process is issued, by deposit of money,
to meet the expenses for him of necessary food, clothing, and
bedding, or to detain such person any longer than these
expenses are provided for. This section does not apply to
cases where a party is committed as a punishment for dis-
obedience to the mandates, process, writs, or orders of court

Prisoners may be required to labor.

1613. Persons confined in the county Jail under a judgment
of imprisonment rendered in a criminal action or proceeding,
may be required by an order of the board of supervisors to per-
form labor on the public works or ways in the county.

97 Cal. 243,

Rules and regulations for the performance of labor.

1614. The board of supervisors making such order may pre-
•cribe and enforce the rules and regulations under which such
labor ia to be performed; and provide clothing of such a dis-
tinctive character for said prisoners as such board, in its dis-
cretion, may deem proper. For each month In which the pris-
oner appears, by the record, to have given a cheerful and will-
ing obedience to the rules and regulations, and that his con-
duct is reported by the officer In charge of the jail to be pos^
tively good, five days shall, with the consent of the board of
supervisors, be deducted from his term of sentence. [Amend-
ment, approved March 23, 1893; Stats. 1893, p. 298.]

W Cal. 243.

Digitized by VjOOQIC


Page. Sec^
Abandonment by parent of child 2Wl

Abduction . . ' 71

a taking from legal custodian material to the

offense 71

consent to taking no defense 71

defined 265

effect of previous unchastity 72

evidence 72

for prostitution ^ 267

form of indictment 73

ignorance of age no defense 72

indictment 73

Jurisdiction of , 46 784

legal custodian defined 72

penalty for 73

Abortion 74

defined 274

evidence on 1108

form for indictment 75

penalty for 74

submission to 271

Absence from state must be alleged to prevent run-
ning of statute 47

prevents running of statute of limitations 47

Accessory, accomplice is an 363

and principal distinction between abrogated . . . 971

defined 42

how punished 88

jurisdiction of 791

jurisdiction over, county of his offense 47

trial of, when 43

where to be tried 972

who is an 32

withholding knowledge, does not constitute 43

Accomplice, conviction cannot be had on evidence of. 1111

discharge of operates as bar 61

evidence of 363

Instruction on corroboration of 420

is an accessory 368

testimony of must be corroborated 364

see Accessory.

Accounts, falsification of 424

Add, see Throwing Vitrol.

Acknowledgment, false personation in 529*

Digitized by VjOOQIC

764 INDEX.

Page. Sec.
Acqufttali discharge of defendant to be a witness acts

as 1101

in foreign country, effect of 656

proceedings on for insanity 1167

Act necessary to constitute crime 33

Action, when may be dismissed 1382

Actual bias, challenge to Juror for 1073

see Bias.
Administrattve officer, see OfiBcer.

Administrator, embezzlement by 506

Admission of fact need not be voluntary 370

Adulteration of candy *02J

of foods, etc ^. 382

Adultery '^^

form for indictment 76

penalty for 76

Advertising to produce miscarriage « 317

Advertisement, of attorneys foi* divorces 1591

putting on land of another 602

see Trespasses.

Affidavit, by deputy 283

entitling of before justice of the peace 1460

for change of venue 325

how entitled 1*21

how entitled 1^^

of bias of judge not contempt 112

Agent, embezzlement by 1^3 506

when guilty of embezzlement »w

Aiding officer, persons justified in ^58

Aiding and abetting both necessary to principal 42

in misdemeanor ^^^

without knowledge not criminal 4Z

Alibi, evidence of . . : ^^J

Alimony, disobedience of order to pay 112

Altering, draft of bill of legislature |J

enrolled bill of legislature ^*

Alternate jurors, when allowed

Ambiguity, fatal to information 311

Amending verdict *^

Amendment, motion for new trial after judgment can- ^^^

not be j^g

Ammunition, selling to Indians ^^

Animals, administering poison to

altering brands on

death from mischievous ^**

false registration of 537J

for propagation, not prohibited o2«

having glanders, to be killed 402i

killing, maiming or torturing 597

putting dead in street, etc 374

with glanders, using 408

Digitized by VjOOQIC



Page. Sec-
Answer, to arraignment, defendant allowed time to

• make ^^^

Antelope, killing of female prohibited 626e

Appeal 460

argument of f^f •*

by defendant -^^1 J-243

by defendant, grounds for 1237

by def end€Lnt, what reviewed on 1259

by people, effect of 1242

by people, grounds for 1238

by people when 4^1

by whom taken 12»&

conflicting evidence not reviewed on 472

defendant need not appear on 1255

dismissal, grounds of 12«

dismissal for want of return 1249

duty of clerk on 12*^

duty of clerk to print transcript on 4W

effect of •

effect of affirmance of judgment 1263

effect of granting certificate of probable cause. . 1245

escape pending *^ J

from what orders allowed. *^i

jurisdiction on 4^"

how taken • • ; ^zz^

judgment cannot be reversed without argument i^w

judgment on, how entered I2e4

judgment on without regard to technical errors i^&»
plea of once in jeopardy cannot be made be-
cause of new trial granted on 62

power of the court on

presumption against error on *«^

presumption in favor of record on 4bz

order on motion for arrest of judgment not ap-

P^^l^bl^ :462

record on • y:"l"\ atr

review of error favorable to defendant 4Tb

review of evidence on ' • • • 47i ^^^^

service of notice of V* ' *vi " '« a7q

sufficiency of evidence when reviewable on.... 47d

to Superior Court affect of dismissal of |*'"

to Superior Court, statement on |*^°

to Superior Court, when allowed **^^

taken on questions of law alone

two cannot be taken on one notice »^^

unauthorized release pending is escape. 4bv

when defendant discharged on reyersal ...... • ^^^ ^^^^

when dismissed •- •

when from order setting aside information.... 315

when from order sustaining demurrer ^i^

when heard and determined............

w.l^en ruling on challenge reviewable on 336 ^^^^

when taken - -«-.-

who may admit to bail on • • ^^^^

will not lie from habeas corpus 481

without consent of defendant 460

Digitized by VjOOQIC

766 INDEX.

Pa^e. Sec.
Appearance, right of defendant to personal, in trial.. 52

Appellant, party appealing is 1236

Appointments, buying to office • 73

of deputy, taking reward for 74

Appraisers of estate accepting reward 653 ^

Apprentices, encouraging to desert or harboring 646

Arbitrator, bribery of 92

Argument on appeal ! 1254

of counsel, number 1095

right of counsel to make 56

Armed force, to obey orders of whom 730

Arms, who may parade with 734

Arms of state, selling 443

unlawfully retained 442

Arraignment 318

consists in what 313

defendant allowed time to answer V90

defendant in custody to be brought into court on 979

defendant when must be present at 977

duty of court to defendant on 313

for judgment 1200

how made 988

of defendant, where had 976

proceedings on, where defendant not indicted

by true name 989

right of defendant to counsel on 987

when defendant must be present 67

Arrest 290

by peace officer 836

by private person 837

by telegraph 860

by whom made 834

defined 834

duty of citizen to make 184, 291

duty of person making 847

for felony without warrant 836

for offense in presence of officer 836

force to be used in 843

form for warrant of 2R9

how made ^^ f35

informing defendant of intention to make when 841

of defendant on bench warrant 1199

of defendant on recommitment 1312

officer making without authority 1*6

officer must follow warrant 8*8

officer need not disclose official character 291

officer refusing to make 142

officer taking fee for 144

of persons engaged In riot 727

on order of magistrate 838

person making may order assistance 839

probable cause for • 290

proceedings on 486

Digitized by VjOOQIC

INDEX. 767

Pi^e. Sec.

Arrest, reasonable cause for 836

refusing to aid officer in 150

resisting, killing in when murder 177

righft of officer in making 291

right to make without warrant 291

taking weapons from person 846

warrant of, when issued 289

what constitutes reasonable ground for 184

what constitutes resisting 183

when an officer Justified in killing in making.. 183

when doors and windows may be broken in

making i 844

.. ... .. g45

when may be made 840

when warrant may be shown 842

without warrant, .duty of officer in 849

Arrest of Judgment, effect of 468

by justice of the peace 1452

exception to granting or refusing motion to 1172

for variance in proof of venue 51

for what defects granted 458

grounds for 1185

grounds for must be pointed out 458

motion for 458

order on motion not appealable 459

see Judgment.

Art, injuring works of ^ 622

Arson 78

allegation of ownership 81

building defined 78 448

burning defined 451

burning property not subject of 600

defined 447

degrees of 453

•' 80 454

description of building in indictment 81

evidence i 82

form for indictment 82

indictment for 80

inhabited building defined 449

intent, how alleged 81

intent to destroy essential 80

night-time defined 450

ownership defined 452

ownership of building 78

penalty for 82 455

to defraud insurer 79

venue, how described in indictment 81

what constitutes burning 79

Articles of Impeachment, how prepared 788

to be delivered to whom 739

Asportation essential to larceny 216

how alleged in larceny 224

Assault 84

abandonment of attempt no defense 86

attempt essential to 85

Digitized by VjOOQIC

768 INDEX.

Page. Sec

Assault, battery no part of 86

by officers 149

by prisoner under life sentence 246

defined 240

form for indictment 89

included in battery 87

in court, security for 710

Instructions on 434

intent 84

jurisdiction of Superior Court 49

penalty 89 241

possession of deadly weapon with intent to 467

present ability 85

to commit felony except assault to commit

murder 221

verdict 88

with caustic chemicals T 244

with deadly weapon, indictment for 87

with intent to commit felony 220

Assault to commit rape 255

instructions on 436

punishment for 451

Assault to murder 90 217

evidence 91

form for indictment 93

indictment for 92

instructions on 433

intent a question of fact 91

intent to take life essential to 90

verdict 92

Assault with deadly weapon S7 245

instructions on 433

Assessment, making false statement in 430

Assessor, refusing to list property to 429

Attempt defined 34

essential to assault S5

essential to crime 34

failure of, or abandonment does not change

character 35

illustrations of 34

to commit crime unsuccessful, penalty for.... 665

to commit crime, when punishable 663

how punished ^^

to commit incest 210

to kill, punishment for 216

when jury may convict of 1159

Attendance of witnesses, compelling 357

Attorneys acting on opposite side from partner in

a case ^^

u u *t « u 1^3

advertising for divorces 159^

buying demands 161

embezzlement by 506

misconduct of 160

see Counsel.

Digitized by VjOOQIC

INDEX, 76»

Page. Sec

Auctioneer, acting unlawfully as 48ft-

Badges of secret society, unauthorized wearing of 543i

Bail, admission of fugitive to 1652:

admission to by justice of peace 1458

admission to defined 1268-

admission to in misdemeanors 829

after conviction, when granted .* 68 1272

after indictment, form of undertaking 1287

amount of 68

before conviction 1271

by whom taken when defendant ordered recom-
mitted 1815-

defendant need not sign bond 67

defendant to be admitted on postponement 862

deposit instead of, after giving 1296-

deposit instead of may be made 1295

effect of allowance of 1281

exonerated by commitment of defendant for

insanity 1371

exonerated, when defendant discharged 1116

failure to give 824

false personation of 160 620^

for what purposes taken 1273

forfeiture of 1195

form of undertaking on 1278

habeas corpus to admit to 482

Increase or reduction of 1289

increasing 985-

Indorsement on bond of approval of sureties ... 67

Judge may admit to on habeas corpus 1491

Justification on 1280^

nature of 1273

on appeal, condition of undertaking 1292

on appeal, qualifications of 1292

on appeal, who may admit to 1291

on habeas corpus 1286

order admitting 293 875-

order admitting to not essential to commitment 286

presumption of guilt on application for 66

proceedings in giving in another county 984

proceedings on taking 823

qualifications of on recommitment 1317"

qualifications on 1279-

right of defendant to 52, 66

sections of the code applicable to qualification 1'288

surrender of defendant by 1301

taking defined 12^9'

taking in custody after admission to 67

undertaking of, how forfeited ^ 1305-

what magistrates may admit to 1277

when allowed 1270

when defendant arrested in other county 822

when matter of discretion dlstrfct attorney

must be notified 127*


Digitized by VjOOQIC


770 INDEX,

Page. Sec.

-Bail when taken on recommitment, form of 1316

where the offense is capital 1285

^wbere the offense is not capital 1284

^wbo authorized to admit to 67

Bailee, allegation of in indictment for larceny 225

embezzlement by 507

larceny by 218

Ballast, throwing overboard in harbor 613

Ballots, see Election. *

Bank, officer of insolvent receiving deposit 562

embezzlement by 506

Bar, order setting aside Information not 999

^arber shops, keeping open on Sunday afternoon 310^

Barratry defined 158

how proved 159

Battery 7. . 86

defined .*. ./^/x.^.

no part of assault 5> J^|>.J^J 86

penalty for ^^J^y^ 243

Beacon, removal of ^•^O'A ^^^

Bench warrant, arrest of defendant on rf/Vy., 1199

by whom and how issued 934

by whom and when issued 980

directions in 982

form of 936



how served 983



issue for defendant not appearing for judgment 1196

issues when 1196

on presentment 933

Betting on election 60

Bias, challenge for actual 336

challenge for implied 339

of judge, change of venue for 327

of people, change of venue for 325

Bigamy 94

defined 281

defense to 282

evidence on trial for 1106

form for indictment 96

Indictment for 95

jurisdiction of 46. 96 785

marriage after absence of spoese when not 282

no presumption of continuance of life 94

penalty for 96 283

proof of former marriage 95

Bill of exceptions defined 464

defendant entitled to stay until settled 468

how prepared 464

how proved in Supreme Court 465

Digitized by VjOOQIC

INDEX. 771

Page. Sec.

Bill of exceptions, how settled 467

judge may amend proposed 467

presumption as to evidence In 466

presumption In favor of 467

same in form as statement 466. 468

should be In narrative form 466

time of settlement 467

unauthenticated papers no part of 465

what to contain 1175

when necessary 464

when settled and signed 1171

written charges need not be embodied In 1176

Bill of lading, destroying 356

false making of 641

Issuing fictitious 677

when punishable : 679

Bill potting, see Trespassing.

Birds, for propagation, not prohibited 6261

killing or trapping In cemetery 598

Birth, false pretenses concerning 156

Black bass, closed season for 628

Board of examiners, neglect of duty by member of 441

Board of state prison must keep accounts, etc 1580

must receive federal prisoners « . 1581

Board of Supervisors, bribery of 165

Pobwhite, killing of prohibited 626c

Bond, defendant need not sign on ball 67

forgery of 470

Books, of library, wilful detention of 623i

Boundaries, destroying marks of 602

Brands, altering 357

altering on domestic animals 357 J

Bribe, giving or offering to officer 67

meaning of 7

officer asking or receiving 68

witness offering to receive 138

Bribery 97

board of supervisors 165

by members of the legislature 88

common council 165

evidence 98

forms for indictment 99

indictment 98

judicial officer or referee asking for bribe 93

judges, jurors and referee 92

membef s of legislature 85


members of legislative caucuses 57

of telegraph operator 641

of witness 137

penalty for 99

Bridges, injury to or destroying 607

malicious injury to railroad 587

maintaining without authority 386

Digitized by VjOOQIC

772 INDEX.

Page. Sec.

Broktr, embezzlement by 50^

' Building defined 44»

destroying or injuring by means of gunpowder 601

how described in indictment for arson 81

letting for purposes of lottery 326^

subject of arson 78

what constitutes a burning 79

Burden of proof 388

when shifts 1105

Burlai, omitting to make 293

who charged with duty of 292

Buoys, mooring vessels to 614

removing 609^

Burglary defined 101 459

degrees of 46(^

commitment to Whittier School without jury. . 450

entry essential to 101

evidence 103

form for indictment 106

indictment for 103

intent essential to 101

larceny not included in 223

night-time defined 103 463

penalty, for 105 461

possession of instruments for 466^

venue 102

verdict 105

Burning defined 451

rafts 608-

Calendar, duty of clerk to prepare 1047

order of disposing of issues on 1048

Canal, injuries to 607

Candy, adulterating 402i

Capital cases, bail in 1285

Car, Jurisdiction of crime on 46

Caricatures, publishing of 258

Carrier, embezzlement by 50'

Cars, putting passenger cars In front of freight cars. 392

Cattle, false registration of 637i

Caucus, bribery of members of 5T

Caveat emptor, not applicable to false pretenses 154

Cemetery, destroying or removing anything pertain-
ing to 296.

killing birds, etc.. In 698

see Sepulcher.

Certificate of probable cause 468

by whom granted 469

effect of granting 469

necessary to stay judgment 124$

wnen granted 468

when necessary ; . 468

Digitized by VjOOQIC

INDEX. 773

Page. Sec.

Certificate of stock, forgery of 470

ChaUenge, defendants jointly tried must join in 331.

effect of to individual Juror 90ft

effect of to panel of grand jury 899

evidence upon 335

for actual bias 336

for implied bias 339

grand juror acting after allowed to 164

manner of taking and trying 897

peremptory 3u3

right to 331

to grand jury •. 298

to grand jury, decision on 898

to grand jury, only objection to 901

to individual grand juror 894

" " " " S96

to Individual jurors 1067

to jury, defendants jointly indicted 1056

to jury, exception to order on 1170

to jury, kinds of 1055

to panel 331

to panel defined 1058

to panel, grounds for 1059

to panel of grand jury 895

when ruling on reviewable 336

when taken 334

see Juror.

Change of venue 325 .

see Venue.

Charges of court in writjng need not be excepted lo 1176

Chaste character, no presumption of in seduction 269

Chattels, removal of mortgage 537

Cheat, see False Personation and False Pretenses.

Check, forgery of 470

Child desertion by parent 271

disposing of for mendicant business 272

lascivious conduct towards 288

neglect to provide for 270

see Infant.

Child stealing 212

defined 278

punishment 278

form for Indictment 214

jurisdiction for 46

penalty for 213

see Kidnapping.

Children, crime against defined 288

when liable for crime 26

Chinese, bringing into the state 174

corporations employing ' 178

shrimp or dragnet, use of prohibited 636a

Chinese sturgeon lines, use of prohibited 636a

Circulars, anonymous at elections 62a


Digitized by VjOOQIC

774 iNDkx.

Page. Sec

Circulation of newspaper, misrepresentation of 538^

Circumstantial evidence 361

degree of certainty required 362

of homicide 197

Cities, regulation of police in 719

keeping pest-house within 378

Citizen, duty to make arrest when 837

Civil death follows life imprisonment 674

Civil officers, duty of militia to ohey when 730

Civil rights of convict suspended 673

Claims, presenting fraudulent for allowance 73

Clerk disclosing fact of indictment 168

duty on appeal 1246

duty to prepare calendar 1047

must prepare Judgment roll 1207

of state prison, duty of 1578

when guilty of embezzlement 508

to make statement of expenses of trial of es-
capes Ill

Closed season 626

Co-conspirators, where acts of one act of all 366

when declarations of admissible 367

Code, construction of 4

** *' 5

effect on past offenses 6

how cited 24

how affecting power to punish for contempt... 11

military authority not affected by H

not retractive 3

what acts not affected by 23

when takes effect 1

Codicil included in will 7

Coercion, effect of on crime 41

not to Join labor organization 679

Commission to take testimony defined 1351

to take testimony, see Deposition.

Commitment, defect in not ground for discharge on

write of habeas corpus 1488

for examination, how made 292

for failure to give increased ball 985

form of 294 863

" 877

legality of, how raised 287

legality of, presumed 286

meaning of legally committed 285

order admitting to bail not essential to 286

order of 878

order of, how made 294

order of, when operative 286

of witness on failure to give security 881

to keep the peace 708

what to contain 294 878

when order of sufficient 284, 448


Digitized by VjOOQIC

INDEX. 775

Page. Sec.
Commitment without probable cause, habeas corpus

will release 483

Common law crimes, not recog^nized 33

Communication, unauthorized with convict 171

Commutations, governor may grant 1417

Common barratry, see Barratry.

Common carrier, refusing to carry 365

Common council, bribery of 165

Competency of witness 346

Complaint, clerk of court may administer oath on.. 283

defined 806.

form of 288

must state public offense 283

necessary to proceedings in justice court 1426^

of defendant by fictitious name 284

on Information and belief insuflScient 283

sufficient deposition to sustain warrant 286

Compounding crimes 107 153^

form for indictment 108

penalty for 107

Compromise of crime, effect of W7S^

how effected 1379

when allowed 1377

Concealing person charged with crime, see Accessory.
Concurrent jurisdictions, conviction in bar to second

trial 47

Conductor of railroad train, intoxication of 391

Confession cannot be used to establish corpus delicti 373

corroborated need not be voluntary 371

defined 368

must be voluntary 369

out of court will not sustain conviction 369

Online LibraryCalifornia Charles Howard FairallCriminal law and procedure of California including the penal code of California → online text (page 71 of 77)