Pleading in substance of the controversy or matter in respect to an indict ment for Pleading in or embez- which the offense was committed, and in what Court and before whom the oath alleged to be false was taken, and that the Court, or the person before whom it was taken, had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the Court or person before whom the perjury was committed. 967. In an indictment for the larceny or embezfor larceny zlement of money, bank notes, shares of stock, or valuable securities, it is sufficient to allege the larceny or embezzlement to be of money, bank notes, shares of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof. an indict ment for NOTE.-Founded upon Stats. 7 and 8 Geo. IV, Chap. 29, Sec. 48. Speaking of the rule as it now exists, Justice Wallace, in People vs. Cox, October Term, 1870, says: "An indictment for the crime of embezzlement ought to state the description of the property embezzled, with the same particularity as is required in an indictment for larceny. For obvious reasons, it may be difficult to give such a description of property embezzled, particularly where the offense is committed by a person in the course of a continuous employment, as clerk, cashier, or the like; but I find nothing in the law authorizing us to make any distinction upon this point between the offenses of larceny and embezzlement. It would, perhaps, promote the ends of justice if a statute should be passed to correct the law in this particular." The same reasons apply to an indictment for larceny. See, also, note to Sec. 959. Pleading in 968. An indictment for exhibiting, publishing, passing, selling, or offering to sell, or having in posexhibiting, session, with such intent, any lewd or obscene book, selling, etc.. lewd and books, etc. pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper, or writing; but it is sufficient to state generally the fact of the lewdness or obscenity thereof. NOTE.-Stats. 1850, p. 297, Sec. 2. conviction offense,how indictment. 969. In charging in an indictment, the fact of a Previous previous conviction of a felony, or of an attempt to of another commit an offense which, if perpetrated, would have been a felony, or of petit larceny, it is sufficient to state, "That the defendant, before the commission of the offense charged in this indictment, was, in (giving the title of the Court in which the conviction was had) convicted of a felony (or attempt, etc., or of petit larceny)." Indict against 970. (§ 254.) Upon an indictment against several ment defendants, any one or more may be convicted or acquitted. 971. (§ 255.) The distinction between an accessory before the fact and a principal, and between prin or more may be acquitted.1 Distinction accessor principal abrogated. between before the fact and how in cipals in the first and second degree, in cases of felony, NOTE.-See notes to Secs. 30 and 31 of this Code. It dicted, etc. 972. (§ 256.) An accessory to the commission of Accessory Clus a felony may be indicted, tried, and punished, though the principal may be neither indicted nor tried. NOTE.-People vs. Newberry, 20 Cal. p. 439. The accessory must be indicted, tried, and punished as a may be indicted and tried, though principal has not been. 1874 principal, but the particular acts, which established that he aided and abetted the crime, and thus became a principal, must be alleged in the indictment.-People vs. Campbell, 40 Cal., p. 129; see, also, People vs. Trim, 39 Cal., p. 75. TITLE VI. OF PLEADINGS AND PROCEEDINGS AFTER INDICT- CHAPTER I. Of the arraignment of the defendant. III. Demurrer. IV. Plea. V. Transmission of certain indictments from the County Court to the Dis trict Court or Municipal Criminal Court of San Francisco. VI. Removal of the action before trial. VII. The mode of trial. VIII. Formation of the trial jury and the calendar of issues for trial. IX. Postponement of the trial. CHAPTER I. OF THE ARRAIGNMENT OF THE DEFENDANT. SECTION 976. Defendant must be arraigned in the Court where the indictment was found or sent. 977. Defendant, when to be present at arraignment. 979. If discharged on bail, bench warrant to issue. 980. Bench warrant, by whom and how issued. 981. Form of bench warrant. 982. Directions in the bench warrant, if the offense is bail able. Order for bail to be indorsed. SECTION 983. Bench warrant, how served.. 984. Proceeding on giving bail in another county. 983. Ordering defendant into custody or increasing bail 986. Defendant, if present when order made, to be com- 987. Defendant, on arraignment, to be informed of his right 988. Arraignment, how made. 989. Proceedings on arraignment, when defendant is not 990. Time allowed, and how defendant may answer on arraignment. must be 976. (§ 258.) When the i dictment is filed, the Defendant defendant must be arraigned thereon before the Court in which it is found, if triable therein; if not, before the Court to which it is transmitted. NOTE.-See arraignment.-Sec. 988, and note, post. It was held in the case of The People vs. Corbett, 28 Cal., p. 328, that "a verdict in a criminal case, where there has been neither arraignment nor plea, is a nullity, and no valid judgment can be rendered thereon."-Douglas vs. State, 3 Wisconsin, p. 830; 1 Whar., Sec. 530. "And so is a verdict rendered upon a plea put in by the attorney of a party indicted for a felonious assault with intent to rob."-McQuillan vs. State, 8 S. & M., p. 587. 977. (§ 259.) If the indictment is for a felony, the defendant must be personally present; but if for a misdemeanor, he may appear upon the arraignment by counsel. NOTE.-See McQuillan vs. State, 8 S. & M., p. 587; 978. (§ 260.) When his personal appearance is necessary, if he is in custody, the Court may direct and the officer in whose custody he is must bring him before it to be arraigned. 979. (§ 261.) If the defendant has been discharged on bail, or has deposited money instead thereof, and do not appear to be arraigned when his personal attend arraigned indictment in the Court where the was found or sent. Defendant, present at ment. when to be arraign If in cusbrought be tody, to be fore Court. If dis- charged on warrant to issue. Bench warrant, by whom and how issued. Form of bench warrant, ance is necessary, the Court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the Clerk to issue a bench warrant for his arrest. 980. (§ 262.) The Clerk, on the application of the District Attorney, may, at any time after the order, whether the Court is sitting or not, issue a bench warrant to one or more counties. 981. (§ 263.) The bench warrant upon the indictment must, if the offense is a felony, be substantially in the following form: COUNTY OF — The People of the State of California to any Sheriff, (designating it generally); you are therefore commanded forthwith to arrest the above named C. D., and bring him before that Court (or if the indictment has been sent to another Court, then before that Court, naming it), to answer said indictment; or if the Court have adjourned for the term, that you deliver him into the custody of the Sheriff of the County of —. Given under my hand, with the seal of said Court affixed, this day of A. D. By order of said Court. [SEAL.] E. F., Clerk. NOTE.-Stats. 1863, p. 158. Directions in the 982. (§§ 264, 265, 266.) The defendant, when bench war arrested under a warrant for an offense not bailable, rant, if the offense is bailable. must be held in custody by the Sheriff of the county in which the indictment is found, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench warrant a direction to the fol lowing effect: "or, if he requires it, that you take him before any magistrate in that county, or in the county |