Order for commit

ment.

Certificate

of bail

within depositions mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe the within named A. B. guilty thereof, I order that he be held to answer to the same."

NOTE.-If it appear that there is reasonable cause to believe the accused guilty of an offense, though it be a different one from that specified in the warrant of arrest, it is the duty of the Magistrate to commit him for the offense of which he appears to be guilty.-People vs. Smith, 1 Cal., p. 9. If the order of commitment be sufficient in substance, it will be held good on habeas corpus, although it contain more than is necessary.—People vs. Smith, 1 Cal., p. 9.

873. (§ 165.) If the offense is not bailable, the following words must be added to the indorsement: "And he is hereby committed to the Sheriff of the County of

874. (§ 166.) If the offense is bailable, and bail being taken is taken by the magistrate, the following words must be added to the indorsement: "and I have admitted him to bail on the undertaking hereto annexed."

Order for bail on commitment.

Commitment, how

made and to whom

875. (§ 167.) If the offense is bailable, and the defendant is admitted to bail, but bail has not been taken, the following words must be added to the order indorsed on the deposition: "and that he is admitted to bail in the sum of dollars, and is committed to the Sheriff of the County of, until he gives such bail."

876. (§ 168.) If the magistrate order the defendant to be committed, he must make out a commitment, delivered. signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace officer, who must deliver the defendant into the proper custody, together with the commitment.

NOTE.-A commitment for larceny must state the property, its owner, its value, the time when and the place where the offense was committed. For rape it must state the person upon whom the rape was committed, and the use of violence.-Ex Parte Branigan, 19 Cal., p. 133. On finding a commitment illegal, if it appear that the party is guilty of an offense, the Court will not discharge him without allowing time for his arrest by proper authority.-Ex Parte Crandall, 2 Cal., p. 144.

877. (§ 169.) The commitment must be to the Form of following effect:

COUNTY OF

The People of the the County of

(as the case may be).

State of California to the Sheriff of

An order having been this day made by me, that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged.

Dated this day of, eighteen.

NOTE.-See note to Sec. 876.

commitment.

ing of

witnesses when and

to appear,

how taken.

878. (§ 170.) On holding the defendant to answer, Undertak the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking, to the effect that he will appear and testify at the Court to which the depositions and statements are to be sent, or that he will forfeit the sum of five hundred dollars.

879. (§ 171.) When the magistrate or a Judge of the Court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that

Security for ance of

the appear

witnesses,

when

and how

any such witness will not appear and testify unless required. security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem proper, for his appearance as specified in the preceding section.

NOTE.-Stats. 1870, p. 787. But see Secs. 865, 869, and 882, and Subd. 1 of note to Sec. 869.

Infants and married women

may be required to give security.

Witnesses to be

on refusal

880. (§ 172.) Infants and married women, who are material witness against the defendant, may be required to procure sureties for their appearance, as provided in the last section.

881. (§ 173.) If a witness, required to enter into committed an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legally discharged.

to give security for their appearance.

Witness
unable
to give
security
may be con-
ditionally
examined.

882. (§§ 174, 175.) When, however, it satisfactorily appears, by examination on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people; such examination must be by question and answer, and conducted in the same manner as the examination before a committing magistrate is required by this Code to be conducted, Not appli and the witness thereupon be discharged; but this prosecutor section does not apply to the prosecutor or to an accomplice. accomplice in the commission of the offense charged.

cable to

or

Magistrate to return deposi

tions, etc..

NOTE.-See Sec. 869, and note, Subd. 1.

883. (§ 176.) When a magistrate has discharged a defendant, or has held him to answer, he must re

to the Court turn, without delay, to the Clerk of the Court at which the defendant is required to appear, the warrant, if any, the depositions, and all undertakings of bail, or for the appearance of witnesses taken by him.

TITLE IV.

OF PROCEEDINGS AFTER COMMITMENT AND BEFORE

INDICTMENT.

CHAPTER I. Preliminary provisions.

II. Formation of the Grand Jury.

III. Powers and duties of a Grand Jury.
IV. Presentment and proceedings thereon.

CHAPTER I.

PRELIMINARY PROVISIONS.

SECTION 888. What prosecutions must be by indictment. 889. What by accusation or information.

890. Indictments and accusations, in what Court found.

888. (§ 177.) All public offenses triable in the District and County Courts, must be prosecuted by indictment, except as provided in the next section.

NOTE.-Stats. 1863, p. 158.

889. (§ 178.) When the proceedings are had for the removal of district, county, municipal, or township officers, they may be commenced by an accusation or information, in writing, as provided in Sections 758 and 772.

NOTE.-Stats. 1853, p. 40; 1851, p. 212.

890. (§ 179.) All accusations against district, county, municipal, and township officers, and all indictments, must be found in the County Court.

NOTE.-Stats. 1863, p. 158.

Who may challenge the panel

or an

CHAPTER II.

FORMATION OF THE GRAND JURY.

SECTION 894. Who may challenge the panel or an individual juror. 895. Cause of challenge to a panel.

896. Cause of challenge to an individual grand juror.

897. Manner of taking and trying challenges.

898. Decision upon challenges.

899. Effect of allowing a challenge to a panel.

900. Effect of allowing challenge to an individual juror.

901. Objections can only be taken by challenge.

902. Appointment of a foreman.

903. Oath of foreman.

904. Oath of other grand jurors.

905. Charge of the Court.

906. Retirement of the Grand Jury. Discharge of.

907. Special Grand Jury.

908. Order for special Grand Jury.

909. Order, how executed.

910. Special Grand Jury, how formed.

894. (§ 181.) The people, or a person held to

answer a charge for a public offense, may challenge individual the panel of a Grand Jury, or an individual juror.

juror.

Cause of challenge

895. (§ 182.) A challenge to the panel may be to a panel. interposed for one or more of the following causes

only:

1. That the requisite number of ballots was not

drawn from the jury box of the county;

2. That notice of the drawing of the Grand Jury was not given;

3. That the drawing was not had in the presence of the officers designated by law.

NOTE.-Challenges to the panel must, if the defendant has been held to answer before that time, be taken before the Grand Jury is made up and sworn.-People vs. Moice, 15 Cal., p. 329; People vs. Beatty, 14 Cal., p. 566; People vs. Romero, 18 Cal., p. 89; People vs. Arnold, 15 Cal., p. 476; People vs. Henderson, 28 Cal., p. 465; People vs. Roberts, 6 Cal., p. 214. But if the defendant had not been held to answer before the Grand Jury was impaneled, he may challenge the panel on