Jurors to be sworn. Witnesses to be 1511. When six or more of the jurors attend, they must be sworn by the Coroner to inquire who the person was, and when, where, and by what means he came to his death, and into the circumstances attending his death; and to render a true verdict thereon, according to the evidence offered them, or arising from the inspection of the body. 1512. Coroners may issue subpoenas for witnesses, summoned. returnable forthwith, or at such time and place as they may appoint, which may be served by any competent person. They must summon and examine as witnesses every person who, in their opinion, or that of any of the jury, has any knowledge of the facts, and may summon a surgeon or physician to inspect the body and give a professional opinion as to the cause of the death. Witnesses compelled 1513. A witness served with a subpoena may be to attend. compelled to attend and testify, or punished by the Coroner for disobedience, in like manner as upon a subpœna issued by a Justice of the Peace. Verdict of jury in writing. What to contain. Testimony in writing, filed. 1514. After inspecting the body and hearing the testimony, the jury must render their verdict and certify the same by an inquisition in writing, signed by them, and setting forth who the person killed is, and when, where, and by what means he came to his death; and if he was killed, or his death occasioned by the act of another, by criminal means, who is guilty thereof. 1515. The testimony of the witnesses examined and where before the Coroner's jury must be reduced to writing by the Coroner, or under his direction, and forthwith filed by him, with the inquisition, in the office of the Clerk of the County Court of the county. Exception. 1516. If, however, the person charged with the commission of the offense is arrested before the inquisition can be filed, the Coroner must deliver the same, with the testimony taken, to the magistrate before whom such person may be brought, who must return the same, with the depositions and statement taken before him, to the office of the Clerk of the County Court of the county. issue when. 1517. If the jury find that the person was killed Coroner to by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another by criminal means, and the party committing the act is ascertained by the inquisition, and is not in custody, the Coroner must issue a warrant, signed by him, with his name of office, into one or more counties, as may be necessary for the arrest of the person charged. 1518. warrant. The Coroner's warrant must be in substan- Form of tially the following form: COUNTY OF The People of the State of California, to any Sheriff, An inquisition having been this day found by a eighteen day of E. F., Coroner of the County of A. D. served. 1519. The Coroner's warrant may be served in How any county, and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information before a magistrate, except that when served in another county it need not be indorsed by a magistrate of that county. NOTE. The preceding Chapter is based upon Secs. 4 to 14, inclusive, of the Act of 1850 (Stats. 1850, p. 264), with the amendment of 1862 to Sec. 4 incorporated.-Stats. 1862, p. 521, Sec 1. Search warrant doned. Upon what CHAPTER III. OF SEARCH WARRANTS. SECTION 1523. Search warrant defined. 1524. Upon what grounds it may issue. 1525. It cannot be issued but upon probable cause, etc. 1526. Magistrates must examine, on oath, complainant, etc. 1527. Depositions, what to contain. 1528. When to issue warrant. 1529. Form of warrant. 1530. By whom served. 1531. Officer may break open door, etc., to execute warrant. 1532. May break open door, etc., to liberate person acting in his aid. 1533. When warrant may be served in the night. 1535. Officer to give receipt for property taken. 1536. Property, how disposed of. 1537. Return of warrant and delivery of inventory of prop erty taken. 1538. Copy of inventory, to whom delivered. 1539. Proceedings, if grounds of warrant are controverted. 1540. Property, when to be restored to person from whom it was taken. 1541. Depositions, warrant, etc., to be returned by magistrate to County Court. 1542. When magistrate may direct defendant to be searched in his presence. 1523. (§ 642.) A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, and bring it before the magistrate. 1524. (§ 643.) It may be issued upon either of may issue. the following grounds: grounds it 1. When the property was stolen or embezzled; in which case it may be taken on the warrant, from any place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or from any person in whose possession it may be; 2. When it was used as the means of committing a felony; in which case it may be taken on the warrant Same. from the place in which it is concealed, or from the possession of the person by whom it was used in the commission of the offense, or from any person in whose possession it may be; 3. When it is in the possession of any person with the intent to use it as the means of committing a public offense, or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered; in which case it may be taken on the warrant from such person, or from any place occupied by him or under his control, or from the possession of the person to whom he may have so delivered it. NOTE. The provisions of Sec. 643 of the Criminal Practice Act have been extended, to the end that a search warrant may be issued to search for and take property when it was used as the means of committing a felony, or where it is in the possession of a person with intent to use it in the commission of a felony, and to kindred cases.-See, also, N. Y. Cr. Pr., Sec. 862; see, particularly, Livingston's Crim. Code, p. 481, Art. 43, Rules 1, 6. In the higher class of crimes the testimony is almost invariably circumstantial, and no class of circumstances is more important, in cases of that description, in detecting and punishing guilt than tracing to the possession of the defendant property either used as the means of committing the offense or intended to be used for that purpose. It is now usually obtained by the officers of justice by the assumption of a responsibility on their part which has no express sanction of law; and though they are rarely prosecuted for assuming this responsibility, it is rather owing to the fact that the accused party seldom escapes punishment than to the legality of the act. The propriety of legalizing the search for and seizure of property, under these circumstances, cannot admit of doubt. Mr. Livingston, in his Criminal Code, in accordance with this idea, provided that search warrants may be issued to seize forged instruments in writing, or counterfeited coin intended to be passed, or the instruments or materials prepared for making them, arms or munitions prepared for the purpose of insurrection or riot, and weapons, implements, or other articles necessary to be produced on It cannot be issued but upon probable the trial of one accused of a crime.-Liv. Crim. Code p. 481, Art. 43, Rules 1, 6. 1525. (§ 644.) A search warrant cannot be issued but upon probable cause, supported by affidavit, namcause, etc. ing or describing the person, and particularly describing the property and the place to be searched. Magis trates must on oath. complain NOTE.-Const., Art. I, Sec. 19. 1526. (§ 645.) The magistrate must, before issuexamine, ing the warrant, examine on oath the complainant, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them. ant, etc. Depositions, what NOTE. It is proper that great care should be exercised in the proceedings leading to the issuance of a search warrant, especially in view of its extension to cases mentioned in Sec. 1524. 1527. (§ 646.) The depositions must set forth the to contain. facts tending to establish the grounds of the application, or probable cause for believing that they exist. When to issue warrant. Form of warrant. 1528. (§ 647.) If the magistrate is thereupon satisfied of the existence of the grounds of the applica tion, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his name of office, to a peace officer in his county, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the magistrate. 1529. (§ 648.) The warrant must be in substantially the following form: COUNTY OF The People of the State of California to any Sheriff, Constable, Marshal, or Policeman in the County of : Proof, by affidavit, having been this day made before me by (naming every person whose affidavit has been taken), that (stating the grounds of the application, according to Section 1525, or, if the affidavit be not positive, that there is probable cause for believing |