The Penal Code of California

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H.S. Crocker & Company, book and job printers, 1872 - 628 σελίδες
 

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Περιεχόμενα

THE TRIAL
64
CHAPTER VII
65
Grand Juror disclosing what transpi ed before the Grand Jury 170 Maliciously procuring search warran
66
CHAPTER VIII
77
CHAPTER I
79
CHAPTER 1
84
37
88
CHAPTER III
97
CHAPTER II
98
ASSAULT AND BATTERY
104
Violating sepulture and the remains of the dead
123
Indecent exposure obscene exhibitions books and prints
130
Gaming
136
Acts of intoxicated physicians
140
Forcible entry and detainer
161
Unauthorized communication with cnvict in the State Prison
171
Keeping liquor within two miles of State Prison
172
Importing foreign con victs
173
Bringing Chinese into the State
174
58
176
Forgery of wills conveyances notes bonds etc Uttering forged notes bonds etc Forgery of records and official returns
179
Forgery of public and corporate seals
182
Passing or receiving forged notes
183
Counterfeiting coin bullion etc
184
480 Making or possessing counterfeit dies or plates
185
159
190
Larceny defined
191
Petit larceny
192
Written instruments completed but not delivered
193
Stealing gas
194
Purchasing or receiving in pledge junk etc of minors misde meanor
195
Selling land twice
204
Detaining wrecked property after salvage paid
206
Director absent from meeting when presumed to have assented
209
FRAUDULENT ISSUE OF DOCUMENTS OF TITLE TO MERCHANDISE
215
Destroying or injuring jails
219
Taking salmon when prohibited
233
CHAPTER II
234
Clandestinely learning the contents of u telegraphic message
235
Collecting tolls etc at San Francisco without authority of Harbor Commissioners
236
Enticing seamen to desert 645 Harboring deserting seamen 646 Aiding apprentices to run away or harboring them 647 Vagrants
237
Issuing or circulating paper money
238
Requiring wards or apprentices to work more than eight hours
239
TITLE XVI
240
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
OF CRIMINAL PROCEDURE 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
Officer when impeached disqualified until acquitted Governor
265
TITLE III
273
CHAPTER II
280
CHAPTER IV
281
Defendant arrested for misdemeanor in another county to
282
admitted to bail
284
Proceedings on taking bail from the defendant in such cases 824 When bail is not given Whin magistrate who issued warrant cannot act 825 No dela...
285
HAVING POSSESSION OF BURGLARIOUS INSTRUMENTS AND DEADLY
286
Arrest how made
288
Same
289
RETAKING AFTER AN ESCAPE OR RESCUE SECTION 854 May be at any time or in any place in the State
290
Time to send and sending for counsel
291
On postponement defendant to be committed or discharged on bail
292
Examination of witnesses to be in presence of defendant and his right to crossexamine
293
Testimony how taken and authenticated
294
Deposition by whom and how kept
295
Order for commitment
296
TITLE IV
299
Retirement of the Grand Jury Discharge of
300
Must inquire into cases of persons imprisoned etc
307
When and how taken
355
Challenge when jury is summoned but not diawn for bias in summoning officer
356
Peremptory challenge what and how taken 358 1069 Peremptory challenge what and how taken 1070 Number of peremptory challenges
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
Reasonable doubt
375
Separate trials
376
Effect of such discharge
377
Evidence on trial for treason 288
388
Evidence on a trial for bigamy 1108 Evidence upon trial for abortion and seduction
389
Evidence of false pretenses
390
If the evidence show higher offense than the one charged pro ceedings to be had thereon
391
Court may discharge jury when it has not jurisdiction etc
392
Same
393
View of premises when ordered and how conducted
394
Proceedings when juror becomes unable to perform his duties
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
dPENAL
398
CHAPTER IV
400
General verdict
401
Special verdict
403
SECTION 403 Disturbance of public meetings other than religious or political 161
404
Jury may find upon charge of previos conviction 1159 Jury may convict of lesser offense or of attempt
405
When judgment may be given on inf rmal verdict
406
CHAPTER VII
414
same unlawfully
417
Proceedings when judgment of death remaining in force
424
TITLE X
439
269
446
Deposit when and how made
449
WHO MAY BE WITNESSES IN CRIMINAL ACTIONS
455
Subpæna defined and who may issue
457
out the county or is poor 45 9
459
CHAPTER IV
460
When may be read in evidence Subject to objections etc
462
Having possession of deadly weapons fith intent to commit
467
CHAPTER VII
470
Court may of own motion or on application of District Attor
471
Verdict when several defendants are tried together
486
OF THE WRIT OF HABEAS CORPUS SECTION 1473 Who may prosecute writ
491
By whom issued and before whom returnable
492
recommit
501
Judge may take bail
502
Disposition of party pending proceedings on return
503
Warrant may include person charged with illegal detention
504
Damages by whom recovered for failure to issue or obey the writ
505
Witnesses compelled to attend
506
Coroner to issue warrant when
507
Form of warrant 1519 How served CHAPTER III
508
Form of warrant
510
By whom served
511
Officer to give receipt for property taken
512
Proceedings if grounds of warrant are controverted
513
Magistrate to issue warrant
514
charged
517
MISCELLANEOUS PROVISIONS RESPECTING SPECIAL PROCEEDINGS OF
520
OF THE STATE PRISON AND THE DISCHARGE OF PRISONERS
525
Board when to report credits to Governor
530
Further powers of the Board
531
TITLE II
532
Prisoners to be returned to proper county
534
Prisoners may be removed in case of fire 1608 Prisoners may be removed in case of pestilence 1609 Paper3 served on Jailer for prisoner
535
Prisoners may be required to labor
536
POLITICAL CODE OF THE DEFINITION AND SOURCES OF LAW EFFECT AND PUB LICATION OF THE CODES AND THE EXPRESS REPE...
537
206
541
Director present at meeting when presumed to have assented
569

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Δημοφιλή αποσπάσματα

Σελίδα 22 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Σελίδα 148 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
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 11 - Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning...
Σελίδα 197 - ... not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
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 34 - All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission...
Σελίδα 82 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Σελίδα 9 - ... person" includes a corporation as well as a natural person; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term "testify...
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.

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