The Penal Code of the State of California

Εξώφυλλο
A.L. Bancroft, 1874 - 628 σελίδες

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Περιεχόμενα

TITLE II
33
Refusal to be sworn by or to answer questions of Board of Judges of Election a misdemeanor
36
meanor
37
Attempting to vote without being qualified
39
Forging or altering returns a felony
40
Intimidating corrupting deceiving or defrauding electors a misdemeanor
41
Unlawful offers to procure offices for electors
42
Preventing public meetings
43
Violation of election laws by persons not officers
44
Acts of officers de facto not affected
45
Extortion
46
Buying appointments to office
47
Preceding sections to apply to administrative and ministerial officers
48
CHAPTER II
54
Escapes from State Prison
55
CHAPTER VI
63
CHAPTER VIII
77
Mayhem defined
96
Posting for not fighting
102
TITLE IX
110
Abortions
117
Bigamy defined
119
Violating sepulture and the remains of the dead
123
Indecent exposures exhibitions and pictures
130
CHAPTER X
136
Other injuries to persons
140
Counterfeiting trade marks
142
Selling goods which bear counterfeit trade marks
143
Defacing marks upon wrecked property and destroying bills of lading
144
Contracting or solemnizing incestuous or forbidden marriages
145
Concealing persons entitled to benefit of habeas corpus
146
TITLE X
147
Death from collision on railroads
148
Unequal damage
152
Willful violation of health laws
153
Unlicensed piloting
154
Disposing of tainted food etc
156
Obstructing attempts to extinguish fires
157
Common barratry defined How punished
158
Violation of duty by employés of railroad companies
159
Selling firearms and ammunition to Indians
160
Rout defined
162
Punishment of rout and unlawful assembly
163
Grand Juror acting after challenge has been allowed
164
Grand Juror disclosing what transpired before the Grand Jury 75
170
CHAPTER I
172
Forgery of wills conveyances notes bonds etc Uttering forged
179
When carrier or other person having property for transportation for hire guilty of embezzlement
195
Distinct act of taking
197
Intent to restore the property is no defense
198
Punishment of extortion committed under color of official right
199
Obtaining signature by means of threats
200
Officers of railroad companies making overcharges
201
Falsely personating another in other cases
202
Fraudulent conveyances
203
Selling land twice
204
Mock auction
205
Making false manifest etc
206
Director absent from meeting when presumed to have assented
209
CHAPTER XIV
215
Drawing water from works after they have been closed
229
Taking salmon when prohibited
230
CHAPTER II
234
Harbor Commissioners
236
Enticing seamen to desert
237
Issuing or circulating paper money
238
Requiring wards or apprentices to work more than eight hours
239
TITLE XVI
240
Sending letters when deemed complete
242
commit a State Prison offense
244
Foreign conviction for former offense
245
Second term of imprisonment when to commence
246
Civil rights of convict suspended
247
PART II
249
PRELIMINARY PROVISIONS SECTION 681 No person punishable but on legal conviction
251
Public offenses how prosecuted
252
Second prosecution for the same offense prohibited
253
TITLE I
255
Of the intervention of the officers of justice
256
THE INFORMATION
257
Police in cities and towns and their attendance at exposed places
260
TITLE II
265
Presiding officer when Lieutenant Governor isi mpeached
269
Form of accusation
270
Trial by jury
271
State and defendant entitled to process for witnesses
272
TITLE III
273
Of the local jurisdiction of public offenses
274
Of the time of commencing criminal actions
279
96
280
The warrant of arrest
281
formation
282
Name or description of the defendant in the warrant and state ment of the offense
283
Indorsement on the warrant for service in another county how and upon what proof to be made
284
When bail is not given When magistrate who issued warrant cannot act
285
Arrest by whom and how made
286
Statement as to time when offense was committed
316
Words used in a statute need not be strictly pursued
317
Indictment not insufficient for defect of form not tending to prejudice defendant
324
Presumptions of law etc need not be stated
325
Pleading in indictment for larceny or embezzlement
326
Previous conviction of another offense how stated in indictment
327
OF PLEADINGS AND PROCEEDINGS AFTER INDICTMENT
328
CHAPTER II
334
CHAPTER V
345
papers must be transmitted
348
CHALLENGING THE JURY SECTION 1055 Definition and division of challenges
352
Panel defined
354
When and how taken
355
Challenge when jury is summoned but not drawn for bias in summoning officer
356
Peremptory challenge what and how taken
358
Definition and kinds of challenge for cause
359
Ground of challenge for actual bias
360
Exemption not a ground of challenge
361
Causes of challenge how stated
363
Exceptions to challenge and denial thereof
364
Triers how appointed Majority may decide
366
Challenge for implied bias how determined
367
Verdict of triers and its effect
368
Order of trial
369
On indictment for libel jury to determine law and fact 395
370
Court may discharge jury when it has not jurisdiction etc
392
Charging the jury
395
Jury may decide in Court or retire in custody of officers Oath of officers
396
When defendant on bail appears for trial he may be committed
397
Room and accommodations for the jury after retirement how provided
398
CHAPTER IV
400
General verdict
401
Special verdict
403
When special verdict defective new trial to be ordered
404
Jury may find upon charge of previous conviction
405
When judgment may be given on informal verdict
406
CHAPTER VI
410
Exhibiting deadly weapon in rude etc manner or using the same unlawfully 165
417
Presence of defendant
418
When defendant in custody how brought before the Court for judgment
419
Warrant how served
420
If no cause shown judgment to be pronounced
421
Proof of former conviction or of facts etc in mitigation etc how made
422
CHAPTER II
424
cution
425
Judge to transmit statement of conviction and testimony to Governor
426
Proceedings upon finding of jury
427
CHAPTER III
435
Unlawfully acting as auctioneer
436
COMPELLING THE ATTENDANCE OF WITNESSES
439
Deposit instead of bail
440
Having State arms
442
Deposit when and how made
449
CHAPTER II
455
Subpoena defined and who may issue
457
Form of subpœna
458
Payment of the expenses of the witness when he is from with out the county or is poor
459
CHAPTER IV
460
tion must proceed
461
Deposition to be transmitted to Clerk
462
When defendant may apply for an order to examine etc
463
Interrogations how settled and allowed
464
Inquiry into the insanity of the defendant before trial or after
467
CHAPTER VII
470
Court may of own motion or on application of District Attor
471
Disposal of property stolen or embezzled
475
Power of the Governor to grant reprieves commutations
477
Verdict when several defendants are tried together
486
Defendant on acquittal to be discharged Order that prose cutor pay costs
487
Grounds of motion in arrest of judgment
488
Judgment of imprisonment how executed
489
Police Courts defined
490
TITLE XII
491
Application for how made
494
Writ must be granted without delay
495
Proceedings upon disobedience to the writ
496
Body must be produced when
497
When Court may discharge the party
498
When to remand party
499
Not to be discharged for defect of form in warrant
501
Judge may take bail
502
Disposition of party pending proceedings on return
503
Warrant may include person charged with illegal detention
504
Of Coroners inquests and duties of Coroners
505
Jurors to be sworn
506
Of search warrants
508
Proceedings against fugitives from justice
513
Duty of the District Attorney
514
Miscellaneous provisions respecting special proceedings of a criminal nature
520
TITLE XIII
521
DEFINITION AND SOURCES OF THE
537
Arson
558
Witnesses to be summoned 506
560
RAPE ABDUCTION CARNAL ABUSE OF CHILDREN AND SEDUCTION
562
Having possession of burglarious instruments and deadly
564
Forgery and counterfeiting
575

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Σελίδα 341 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Σελίδα 388 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Σελίδα 22 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition.
Σελίδα 197 - ... not in the due and lawful execution of his trust, any property which he has in his possession, or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement.
Σελίδα 287 - Arrests by • • peace obedience to a warrant delivered to him, or may, officers, without a warrant, arrest a person: 1. For a public offense committed or attempted in his presence. 2. "When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Σελίδα 241 - An act or omission which is made punishable in different ways by different provisions of this code, may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other.
Σελίδα 446 - ... will appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself amenable to the orders and process of the court, and, if convicted, will appear for judgment and render himself in execution thereof...
Σελίδα 257 - SEC. 5. The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.
Σελίδα 108 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Σελίδα 456 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.

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