IMPRISONED PERSONS BROUGHT INTO COURT, Title xiii, 1567. DISPOSITION OF FINES AND FORFEITURES, Title xiv, PART III. STATE PRISON AND COUNTY JAILS, §§ 1573-161 OF THE STATE PRISON, Title i, 1573–95. Of the State prison, chap. i, §§ 1573-87. Of the discharge of prisoners before the expiration o OF COUNTY JAILS, Title ii, §§ 1597-1614. CONSTITUTIONAL PROVISIONS. Art. I, § 1. All men are by nature free and independ ent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pur suing and obtaining safety and happiness. Inalienable rights.-Legislative power cannot reach them except on conviction of crime-6 Neb. 37; and no person can be deprived of his liberty without intervention of a jury-1 Stockt. Ch. 181; but every person may be restricted from exercising his rights in a manner so as to interfere with the rights of others-38 Cal. 704. * * Art. I, § 4. * No person shall be rendered incompetent to be a witness or juror on account of his opinions on matters of religious belief. Testimony may be received without respect to religious belief of witness-17 Cal. 612. The rule applied to dying declarations of de ceased-51 Cal. 599; 43 id. 34. Art. I, § 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. See Const. U. S. art. i, § 9, subd. 2. Art. I, § 6. All persons shall be bailable by sufficient sureties, unless for capital offenses where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor confined in any room where criminals are actually imprisoned. Bail-right to.-A prisoner may be admitted to ball after indictment found-19 Ala. 561; charge and indictment distinguished-44 Cal. 557; "proof" and "presumption" apply to the guilt, not to the grade of the offense-2 Pittsb. Rep. 362. The right is secured to those only who have not been convicted-41 Cal. 29; Ex parte Watkins, 7 Peters, 568; as where jury fail to agree, and are discharged-41 Cal. 220; 59 Mo. 598; nor does it apply to capital cases in which bail may be made a matter of discretion, or may be forbidden-19 Cal. 539; 19 Ala. 561; 28 id. 89; 34 id. 270; 9 Ark. 222; as where the evidence would not sustain a verdict of murder in the first degree-34 Ala. 270; 2 Ashm. 227; 19 Ohio, 139. Bail after conviction.-Pending appeal, admission to bail is in discretion of court-48 Cal. 3; id. 553; 41 id. 30; a discretion measured by legal rules, and by reference to analogies of the law-48 Cal. 5; 49 id. 680. Statutes, making bail a matter of discretion, are constitutional41 Cal. 29. The discretion will be exercised whenever substantial justice may be promoted-44 Cal. 555. Who may release on bail.-To procure release on bail, the prisoner must trate before the magistrate who issued the warrant, or some magis the same county-54 Cal. 102; and after conviction, the judge of the court in which the trial was had-48 Cal. 553; 49 id. 680; and then, only under extraordinary circumstances-49 Cal. 68; 54 id. 35. On an application by habeas corpus, the defendant must state facts to sustain the exercise of an intelligent discretion-41 Cal. 30. A release on bail is not imprisonment-41 Cal. 210. Excessive bail, reduction of. -In fixing amount, the purpose should be to cause the appearance of accused-54 Cal. 75; and on the application for reduction, the guilt of accused will be presumed-54 Cal. 75; 44 id. 555. The court or judge is not authorized to interfere, unless the bail is excessive, and greatly disproportionate to the offense -44 Cal. 555; 54 Cal. 75. Fifteen thousand dollars not excessive for assault to murder-44 Cal. 555; nor one hundred and twelve thousand dollars for ten distinct felonies-53 Cal. 410. Art. I, § 7. The right of trial by jury shall be secured to all, and remain inviolate. *** A trial by jury may be waived in all criminal cases not amounting to felony, by consent of both parties, expressed in open court. Trial by jury-The right is secured by the Constitution, 7 Peters, 552; in all common-law actions-19 Cal. 140. It extends only to prosecutions by indictment, or information-26 Ala. 165; it does not apply to proceedings on presentment before a justice of the peace, 12 Conn. 454, nor to summary remedies given by statute-7 Ga. 194; 26 Ala. 165; 42 Pa. St. 89; as the action of a police magistrate in committing a minor to the industrial school-51 Cal. 280. It is a right which cannot be waived by consent of defendant-18 N. Y. 129; 1 Pitts. 492. The Legislature may regulate the inanner of trial-45 Iowa, 253; 43 Cal. 146. Aliens are not entitled to a jury composed of one-half aliens-51 Cal. 597. Art. I, § 8. Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information, after examination and commitment by a magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by daw. A grand jury shall be drawn and summoned at least once a year in each county. Prosecution by indictment of any crime, including misdemeanors, is not prohibited-53 Cal. 412. Exceptions to grand jury.-The law may provide that exceptions be taken at a particular time-15 Cal. 426; and if he declines to do so, he waives his right to do so after indictment-49 Cal. 650. It is com petent for the Legislature to restrict the grounds of challenge 46 Cal. 146. As, to want of concurrence-46 Cal. 146; 54 id. 37; Wallace C. J. dis.; failure to insert names of witnesses, failure to be presented-46 Cal. 147; or for irregularity in selecting, summoning, or impanneling -46 id. 146; but that it was summoned by the coroner is not a ground for challenge to the panel-46 id. 154; 32 id. 68. See Code, § 995. That it was summoned as a petit jury and impanneled as a grand jury is illegal-45 Cal. 29. If accused is indicted under a wrong name, he may still be tried under his real name-6 Cal. 210. Art. I, § 9. * * * Indictments found, or information laid, for publications in newspapers, shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause. Art. I, § 13. In criminal prosecution in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf, and to appear and defend in person and with counsel. No person shall be twice put in jeopardy for the same offense; nor be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property without due process of law. The Legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses, in criminal cases, other than cases of homicide, where there is reason to believe that the witness, from inability or other cause, will not attend at the trial. Right of accused.-Defendant has the right to confront and crossexamine witnesses-54 Cal. 527; but this right may be waived-33 Ala. 354. Right to counsel.-In capital cases the court may allow more than two counsel to address the jury, on each side-48 Cal. 236. Order of argument-see 43 Cal. 154; id. 349; 44 id. 100; 46 id. 114; id. 302; 47 id. 105. By jail breaking and escaping, defendant waives his right to counsel55 Cal. 298; 97 Mass. 543. Jeopardy. A person indicted for murder, after discharge of jury, on indictment for manslaughter, is twice in jeopardy-48 Cal. 334. If, while jury is out deliberating, the judge adjourns the term, it is an ac IMPRISONED PERSONS BROUGHT INTO COURT, Title xiii, § 1567. DISPOSITION OF FINES AND FORFEITURES, Title xiv, § 1570. PART III. STATE PRISON AND COUNTY JAILS, §§ 1573-1614. OF THE STATE PRISON, Title i, 1573-95. Of the State prison, chap. i, §§ 1573-87. Of the discharge of prisoners before the expiration of their term of service, chap. ii, §§ 1590-1595. OF COUNTY JAILS, Title ii, §§ 1597-1614. |