Jury, when

to be

1441. (§§ 620, 621.) The verdict of the jury must in all cases be general. When the jury have agreed on their verdict, they must deliver it publicly to the Court, who must enter, or cause it to be entered, in the minutes.

NOTE.-For definition of "general verdict,” see Sec. 1151. No special verdict is allowed in Justices' Courts, differing in this respect from Courts of record.-See Secs. 1150, 1154, ante.

1442. (§ 622.) When several defendants are tried together, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury.

NOTE. See similar provision as to Courts of record, Sec. 1160, ante.

1443, (§ 623.) The jury cannot be discharged after

discharged the cause is submitted to them, until they have agreed

without a

verdict.

If

discharged,

may be

upon and rendered their verdict, unless for good cause the Court sooner discharges them.

NOTE.-See Secs. 1139, 1140, ante, for similar provis

ion as to Courts of record.

1444. (§ 624.) If the jury is discharged, as pro

defendant vided in the last section, the Court may proceed again tried again. to the trial, in the same manner as upon the first trial, and so on, until a verdict is rendered.

Proceed

ings on plea

on conviction.

NOTE.-See similar provision relating to Courts of record, Sec. 1141, ante.

1445. (§ 625.) When the defendant pleads guilty,

of guilty or or is convicted, either by the Court or by a jury, the Court must render judgment thereon of fine and imprisonment, or both, as the case may be.

Judgment

of fine may

1446. (§ 626.) A judgment that the defendant prisonment pay a fine may also direct that he be imprisoned until

direct im

the fine is satisfied, in the proportion of one day's imprisonment for every two dollars of the fine.

NOTE.-Stats. 1857, p. 151, Sec. 2.

1447. (§ 627.) When the defendant is acquitted, either by the Court or by the jury, he must be immediately discharged; and if the Court certify in the minutes that the prosecution was malicious or without probable cause, it may order the prosecutor to pay the costs of the action, or to give satisfactory security by a written undertaking, with one or more sureties, to pay the same within thirty days after the trial.

Defendant. tal, to be

on acquit

discharged.

Order that

prosecutor

pay costs."

against

for costs.

1448. (§ 628.) If the prosecutor does not pay the Judgment costs, or give security therefor, the Court may enter prosecutor judgment against him for the amount thereof, which may be enforced in all respects in the same manner as a judgment rendered in a civil action.

1449. (§ 630.) After a plea or verdict of guilty, or after a verdict against the defendant, on a plea of a former conviction or acquittal, the Court must appoint a time for rendering judgment, which must not be more than two days nor less than six hours after the verdict is rendered, and must hold the defendant to bail to appear for judgment, and in default of bail he must be committed.

Judgment.

when to be

rendered.

defendant

may move

1450. (§ 631.) At any time before judgment, When defendant may move for a new trial or in arrest of judgment.

for a new
trial or in
arrest of

NOTE.-See Sec. 1182, similar provisions applying to judgment.

Courts of record.

1451. (§ 632.) A new trial may be granted in the New trial, following cases:

1. When the trial has been had in the absence of the defendant, unless he voluntarily absent himself, with full knowledge that a trial is being had;

grounds of.

1874

Same.

Grounds of motion in arrest of judgment

Judgment to be entered in the minutes.

If judgment of acquittal or imposing a fine only, defendant to be

2. When the jury has received any evidence out of Court;

3. When the jury has separated without leave of the Court, after having retired to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case;

4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors;

5. When there has been error in the decision of the Court, given on any question of law arising during the course of the trial;

6. When the verdict is contrary to law or evidence; 7. When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial; but when a motion for a new trial is made upon this ground, the defendant must produce at the hearing the affidavits of the witnesses by whom such newly discovered evidence is expected to be given.

NOTE.-Stats. 1863, p. 162, Sec. 22. See Secs. 11791182, ante, inclusive, for similar provisions relating to Courts of record.

1452. (§ 633.) The motion in arrest of judgment may be founded on any substantial defect in the complaint, and the effect of an arrest of judgment is to place the defendant in the same situation in which he was before the trial was had.

1453. (§ 634.) If the judgment is not arrested, or a new trial granted, judgment must be pronounced at the time appointed and entered in the minutes of the Court.

1454. (§ 635.) If judgment of acquittal is given, or judgment imposing a fine only, without imprisondischarged. ment for non-payment, and the defendant is not de

tained for any other legal cause, he must be discharged as soon as the judgment is given.

of imprishow

1455. (§ 636.) When a judgment of imprisonment Judgment is entered, a certified copy thereof must be delivered onment, to the Sheriff, Marshal, or other officer, which is a exocuted. sufficient warrant for its execution.

that

defendant

be imprisoned until

1456. (§ 637.) When a judgment is entered im- Judgment posing a fine, or ordering the defendant to be imprisoned until the fine is paid, he must be held in custody during the time specified in the judgment, unless the executed. fine is sooner paid.

1457. (§§ 638, 639.) Upon payment of the fine, the officer must discharge the defendant, if he is not detained for any other legal cause, and apply the money to the payment of the expenses of the prosecution, and pay over the residue, if any, within ten days, to the County or City Treasurer, according as the offense is prosecuted in a Justice's or Police Court. If a fine is imposed, and paid before commitment, it must be applied as prescribed in this section.

he pay a

fine, how

Fines, of

disposition

may be

admitted to

bail.

1458. (§ 640.) The defendant, at any time after Defendant his arrest, and before conviction, may be admitted to bail. The provisions of this Code relative to bail are applicable to bail in Justices' or Police Courts.

NOTE.-See Secs. 1268 to 1317, ante.

1459. The Justice or Judge of either of the Courts Subpoenas. mentioned in this Chapter may issue subpoenas for wit

nesses, as provided in Section 1326, and punish disobedience thereof, as provided in Section 1331.

affidavits.

1460. The provisions of Section 1401, in respect Entitling to entitling affidavits, are applicable to proceedings in the Courts mentioned in this Chapter.

"Police Courts" defined.

1461. The term "Police Courts," as used in this and the succeeding Chapter, includes Police Judges' Courts, Police Courts, and all Courts held by Mayors or Recorders in incorporated cities or towns.

Appeals, when allowed.

Appeals, how taken,

CHAPTER II.

APPEALS TO COUNTY COURTS.

SECTION 1466. Appeals, when allowed.

1467. Appeals, how taken, heard, and determined.
1468. Statement on appeal.

1469. If new trial granted, in what Court had.

1470. Proceedings, if appeal is dismissed or judgment affirmed.

1466. (§ 481.)

Either party may appeal to the County Court of the county from a judgment of a Justice's or Police Court, in like cases and for like cause as appeals may be taken to the Supreme Court; but no appeal can be taken from a judgment of the Police Judge's Court of San Francisco, imposing a fine only of less than twenty dollars.

NOTE.-See People vs. Maguire, 26 Cal., p. 635.

1467. (§ 482.) The appeal is taken, heard, and heard, and determined as provided in Title IX, Part II of this

determined

Statement on appeal.

Code.

NOTE.-See Secs. 1235 to 1265, ante, inclusive.

1468. The appeal to the County Court from the judgment of a Justice's or Police Court is heard upon a statement of the case settled by the Justice or Police Judge, embodying such rulings of the Court as are excepted to, which statement must be filed with and settled by the Court within five days after filing notice of appeal.

NOTE.-Stats. 1858, p. 217, Sec. 3. On appeal to the County Court from a Justice's or Police Court, a statement is unnecessary if the pleadings and docket of the