CRIMES AGAINST PROPERTY—Continued.

False weights and measures, chap. xii, §§ 552-5.

Fraudulent insolvencies by corporations, and other

frauds in their management, chap. xiii, §§ 557-72.

Fraudulent issue of documents of title to merchandise,

chap. xiv, §§ 577-83.

Malicious injuries to railroad bridges, highways,

bridges, and telegraphs, chap. xv, §§ 587-92.

MALICIOUS MISCHIEF, Title xiv, §§ 594-625.

MISCELLANEOUS CRIMES, Title xv, §§ 626-54.

Violation of the laws for the preservation of game and

fish, chap. i, §§ 626-37.

Of other and miscellaneous offenses, chap. ii, §§ 638-54.

GENERAL PROVISIONS, Title xvi, §§ 654-78.

PART II.

CRIMINAL PROCEDURE, §§ 681–1570.

PRELIMINARY PROVISIONS, §§ 681-1570.

PREVENTION OF PUBLIC OFFENSES, Title i, §§ 692–733.

Of lawful resistance, chap. i, §§ 692-4.

Of the intervention of the officers of justice, chap. ii,

§§ 697-8.

Security to keep the peace, chap. iii, §§ 701-14.

Police in cities and towns, and their attendance at ex-

posed places, chap. iv, §§ 719-20.

Suppression of riots, chap. v, §§ 723-33.

PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS, Title

ii, §§ 737-772.

Of impeachments, chap. i, §§ 737-53.

Of the removal of civil officers otherwise than by im-

peachment, chap. ii, §§ 758-72.

PROCEEDINGS FROM INDICTMENT TO COMMITMENT, Title
iii, §§ 777-883.

Of the local jurisdiction of public offenses, chap. i, §§

777-95.

Of the time of commencing criminal actions, chap. ii,

§§ 799-803.

The information, chap. iii, §§ 806-9.

The warrant of arrest, chap. iv, §§ 811-29.

PROCEEDINGS FROM INDICTMENT-Continued.

Arrest, by whom and how made, chap. v, §§ 834-51.

Retaking, after an escape or rescue, chap. vi, §§ 854-5.

Examination of the case, and discharge of defendant,

or holding him to answer, chap. vii, §§ 858-83.

PROCEEDINGS AFTER COMMITMENT AND BEFORE INDICT-

MENT, Title iv, §§ 888-937.

Preliminary provisions, chap. i, §§ 888-90.

Formation of the grand jury, chap. ii, §§ 894-910.

Powers and duties of a grand jury, chap. iii, §§ 915-

928.

Presentment and proceedings thereon, chap. iv, §§

931-7.

THE INDICTMENT, Title v, §§ 940-72.

Finding and presentment of the indictment, chap. i, §§

940-5.

Rules of pleading and form of the indictment, chap.

ii, §§ 948-72.

PLEADINGS AND PROCEEDINGS AFTER INDICTMENT AND

BEFORE THE COMMENCEMENT OF THE TRIAL, Title

vi, §§ 976-1052.

Of the arraignment of the defendant, chap. i, §§ 976–

990.

Setting aside the indictment, chap. ii, §§ 995-99.

Demurrer, chap. iii, §§ 1002-12.

Plea, chap. iv, §§ 1016-25.

Transmission of certain indictments, chap. v, §§ 1028-

30.

Removal of the action before trial, chap. vi, §§ 1033-8.

Mode of trial, chap. vii, §§ 1041-3.

Formation of the trial jury, and the calendar of issues

for trial, chap. viii, §§ 1046-9.

Postponement of the trial, chap. ix, § 1052.

PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL

AND BEFORE JUDGMENT, Title vii, §§ 1055-1188.

Challenging the jury, chap. i, §§ 1055-88.

The trial, chap. ii, §§ 1093-1131.

Conduct of the jury after cause is submitted to them,

chap. iii, §§ 1135-43.

The verdict, chap. iv, §§ 1147-67.

Bills of exception, chap. v, §§ 1170-6.

New trials, chap. vi, §§ 1179-82.

Arrest of judgment, chap. vii, §§ 1185-8.

JUDGMENT AND EXECUTION, Title viii, §§ 1191-1230.

The judgment, chap. i, §§ 1191-1207.

The execution, chap. ii, §§ 1213-30.

APPEALS TO THE SUPREME COURT, Title ix, §§ 1235-65.

Appeals, when allowed, and how taken, and the effect

thereof, chap i, §§ 1235-46.

Dismissing an appeal for irregularity, chap. ii, §§ 1248-

1249.

Argument of the appeal, chap iii, §§ 1252-55.

Judgment upon appeal, chap. iv, §§ 1258-65.

MISCELLANEOUS PROCEEDINGS, Title x, §§ 1268-1423.

Bail, chap. i, §§ 1268-1317.

Who may be witnesses in criminal actions, chap. ii,

§§ 1321-3.

Compelling the attendance of witnesses, chap. iii, §§

1326-33.

Examination of witnesses conditionally, chap. iv, §§

1335-46.

Examination of witnesses on commission. chap. v, §§

1349-62.

Inquiry into the insanity of the defendant before trial

or after conviction, chap. vi, §§ 1367-73.

Compromising certain public offenses by leave of the

court, chap. vii, §§ 1377-9.

Dismissal of the action, before or after indictment, for

want of prosecution or otherwise, chap. viii, §§

1382-7.

Proceedings against corporations, chap. ix, §§ 1390-7.

Entitling affidavits, chap. x, § 1401.

Errors and mistakes in pleadings and other proceed-

ings, chap xi, § 1404.

Disposal of property stolen or embezzled, chap. xii, §§

1407-13.

Reprieves, commutations, and pardons, chap. xiii, §§

1417-23.

PROCEEDINGS IN JUSTICES' AND POLICE COURTS AND AP

PEALS, Title xi, §§ 1426-70.

Proceedings in Justices' and Police Courts, chap. i, §§

1426-61.

Appeals, chap. ii, §§ 1466-70.

SPECIAL PROCEEDINGS OF A CRIMINAL NATURE, Title xii,

§§ 1473-1564.

Of the writ of habeas corpus, chap. i, §§ 1473-1505.

Of coroners' inquests and duties of coroners, chap. ii,

§§ 1510-19.

Of search warrants, chap. iii, §§ 1523-42.

Proceedings against fugitives from justice, chap. iv,

§§ 1547-58.

Miscellaneous provisions respecting special proceed.

ings of a criminal nature, chap. v, §§ 1562-4.

PEN. CODE.-2.

IMPRISONED PERSONS BROUGHT INTO COURT, Title xiii, §

1567.

DISPOSITION OF FINES AND FORFEITURES, Title xiv, §

1570.

PART III.

STATE PRISON AND COUNTY JAILS, §§ 1573-1614.

OF THE STATE PRISON, Title i, 1573-95.

Of the State prison, chap. i, §§ 1573-87.

Of the discharge of prisoners before the expiration of

their term of service, chap. ii, §§ 1590-1595.

OF COUNTY JAILS, Title ii, §§ 1597-1614.

CONSTITUTIONAL PROVISIONS.

Art. 1, § 1. All men are by nature free and independ ent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pur suing and obtaining safety and happiness.

Inalienable rights.-Legislative power cannot reach them except on conviction of crime-6 Neb. 37; and no person can be deprived of his liberty without intervention of a jury-1 Stockt. Ch. 181; but every person may be restricted from exercising his rights in a manner so as to interfere with the rights of others-38 Cal. 704.

*

Art. I, § 4. * No person shall be rendered incompetent to be a witness or juror on account of his opinions on matters of religious belief.

Testimony may be received without respect to religious belief of witness-17 Cal. 612. The rule applied to dying declarations of deceased-51 Cal. 599; 43 id. 34.

Art. I, § 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. See Const. U. S. art. i, § 9, subd. 2.

Art. I, § 6. All persons shall be bailable by sufficient sureties, unless for capital offenses where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor confined in any room where criminals are actually imprisoned.

Bail-right to.-A prisoner may be admitted to bail after indictment found-19 Ala. 561; charge and indictment distinguished-44 Cal. 557; "proof" and "presumption" apply to the guilt, not to the grade of the offense-2 Pittsb. Rep. 362. The right is secured to those only who

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