Disfranchisement-63 Pa. St. 112; 2 Leigh, 724; 27 Ark. 469; 6 Blackf. 529; 3 Cowen, 686; 28 Ind. 393. 674. A person sentenced to imprisonment in the State prison for life is thereafter deemed civilly dead. 675. The provisions of the last two preceding sections must not be construed to render the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property. [Approved March 30th, in effect July 1st, 1874.] 676. The person of a convict sentenced to imprisonment in the State prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced. Convicts can be punished only according to law-34 Conn. 132; 4 Barb. 151; 52 N. H. 492; Russ. & R. C. C. 20; Leigh & C. 394; 9 Cox C. C. 449; 6 Jur. 243; and for any excess or violation of punishment those in charge are liable-10 Barn. & C. 445. 677. No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this State, in the nature of a deodand, or where any person shall flee from justice, are abolished. 678. Whenever in this Code the character or grade of an offense, or its punishment, is made to depend upon the value of the property, such value shall be estimated exclusively in United States gold coin. [Approved March 30th, in effect July 1st, 1874.] PRELIMINARY PROVISIONS. § 681. No person punishable but on legal conviction. § 682. Public offenses, how prosecuted. § 683. Criminal action defined. § 688. No person to be a witness against himself in a criminal action, or to be unnecessarily restrained. § 689. No person to be convicted but upon verdict or judgment. 681. No person can be punished for a public offense, except upon a legal conviction in a court having jurisdiction thereof. See post, § 689; Const. Cal. art. i, § 13. Sentence must be preceded by conviction-16 Ark. 601; 1 Caines, 72; 34 Me. 594; but it does not always follow conviction-14 Pick. 88; 17 id. 296; 8 Wend. 204. Summary convictions are regulated by statute-1 Parker Cr. R. 95; which must be strictly followed, unless it is merely directory-1 Ashm. 410. In summary convictions, jurisdictional facts must affirmatively appear-7 Barb. 462; 4 Johns. 292; 19 Johns. 39; 3 Me. 51; 14 Mass. 224; 10 Met. 222; 2 Yeates, 475. 682. Every public offense must be prosecuted by indictment or information, except 1. Where proceedings are had for the removal of civil" officers of the State. 2. Offenses arising in the militia when in actual service, and in the land and naval forces in time of war, or which the State may keep, with the consent of Congress, in time of peace. 3. Offenses tried in Justices' and Police Courts. [In effect April 9th, 1880.] Prosecution.-Neither the Constitution nor the Code prohibits the prosecution by indictment of any offense, including misdemeanors-53 Cal. 413. The County Court had jurisdiction over indictments for misdemeanor; justices of the peace being exclusive as to misdemeanors where no indictment was found-53 Cal. 412. See Const. Cal. art. 1,55 8, 13. 683. The proceedings by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action. Criminal case means one involving punishment for crime-8 Ch. L. N. 57; 21 Int. Rev. Rec. 251; or charge for official misconduct-1 Wood, 499. 684. A criminal action is prosecuted in the name of the people of the State of California, as a party, against the person charged with the offense. 685. The party prosecuted in a criminal action is designated in this Code as the defendant. 686. In a criminal action the defendant is entitled1. To a speedy and public trial. 2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel. 3. To produce witnesses on his behalf, and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate, and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to crossexamine the witness; or where the testimony of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the State. Subd. 1. Excluding jurors summoned for the term, but not empanneled, is not deprivation of right to public trial-53 Cal. 491. Subd. 3. The deposition taken by the committing magistrate may be read in evidence on the trial, if it appears that the witness is dead, or insane, or cannot be found-50 Cal. 96; and if perjury is charged, the prosecution on the trial may prove, by parole evidence, what ac cused swore to at the examination-id. The deposition taken under § 869 of this Code is not admissible against the defendant, under this section, unless taken in manner and form, and is certified as required by § 869. The two sections are to be taken in pari materia-54 Cal.577; |