The Penal Code of California, Τόμος 4

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

Περιεχόμενα

THE JUDGMENT
17
TITLE I
27
TITLE II
33
Violation of election laws by certain officers a felony
42
ESCAPES AND AIDING THEREIN
55
Forging stealing mutilating and falsifying judicial and public
56
Falsifying evidence
63
Refusal to surrender books etc to successor
76
Conspiracy
77
Mayhem defined
96
False imprisonment defined
104
CHAPTER I
110
CHAPTER II
117
Bigamy defined
119
Indecent exposures exhibitions and pictures
130
Their destruction
132
CHAPTER LY LOTTERIES SECTION 319 Lottery defined
133
Punishment for drawing lottery
134
Insuring lottery tickets Publishing offers to insure
135
CHAPTER X
136
Duties of District Attorneys Sheriffs and others
138
CHAPTER XII
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
Unequal damage
152
Willful violation of health laws
153
Unlicensed piloting
154
Disposing of tainted food etc
156
Obstructing attempts to extinguish fires
157
Crossing toll bridges etc without paying toll
158
Violation of duty by employés of railroad companies
159
Selling firearms and ammunition to Indians
160
TITLE XI
161
Rout defined
162
Punishment of rout and unlawful assembly
163
Prize fights
164
Forcible entry and detainer
165
Public moneys as used in the preceding section defined
168
Grand Juror disclosing what transpired before the Grand Jury
169
Carrying on business without license
170
Officer charged with collection etc of revenue refusing to per mit inspection of his books
171
TITLE XIII
172
58
176
Having possession of burglarious instruments and deadly weapons
179
Making false entries in records or returns
182
Passing or receiving forged notes
183
Counterfeiting coin bullion etc
184
Larceny
185
ཤཱ ༤ ཌཱུ ཌཱུ ཀྑུ སྤྱ ཀྑུ བྱ 3
186
Larceny of lost property
191
Petit larceny
192
Written instruments completed but not delivered
193
Stealing gas
194
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
Detaining wrecked property after salvage paid
206
Director absent from meeting when presumed to have assented to proceedings
209
Director defined
214
CHAPTER XIV
215
Erroneous bills of lading or receipts issued in good faith excepted
216
Selling hypothecating or pledging property received for trans portation or storage
217
CHAPTER XV
218
TITLE XIV
219
Burning buildings and other property not the subject of arson
222
Limitation upon the operations of the preceding section
224
TITLE XV
230
TITLE XVI
240
Civil death
247
PART II
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
65
268
Presiding officer when Lieutenant Governor isi mpeached
269
Form of accusation
270
Proceedings if defendant does not appear
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
The information
280
The warrant of arrest
281
formation
282
dPENAL
283
Indorsement on the warrant for service in another county how and upon what proof to be made
284
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
FINDING AND PRESENTMENT OF THE INDICTMENT SECTION 940 Indictment must be found by twelve jurors indorsed etc
310
CHAPTER II
312
Form of indictment
314
The indictment must charge but one offense and in one form except where it may be committed by different means
315
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
TRANSMISSION OF CERTAIN INDICTMENTS FROM THE COUNTY COURT
345
papers must be transmitted
348
CHALLENGING THE JURY SECTION 1055 Definition and division of challenges
352
Defendants cannot sever in challenges
354
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
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
Reasonable doubt
375
Separate trials
376
Effect of such discharge
377
Evidence on trial for treason
388
Evidence upon a trial for forging bank bills etc Experts
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 conduct
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
CONDUCT OF THE JURY AFTER THE CAUSE IS SUBMITTED TO THEM SECTION 1135 Room and accommodations for the jury after retireme...
398
1141 When jury discharged or prevented from giving a verdict cause to be again tried
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
Exceptions mentioned in two preceding sections how and when
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
Judgment of fine and imprisonment by whom and how exe cuted
425
Judge to transmit statement of conviction and testimony to Governor
426
Proceedings upon finding of jury
427
CHAPTER II
434
TITLE X
439
Nature of bail
444
ARTICLE VI
450
CHAPTER IV
460
CHAPTER VI
467
CHAPTER IX
472
Disposal of property stolen or embezzled
475
429
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
med
491
Of Coroners inquests and duties of Coroners
505
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
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 pestilence
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
Effect of the Codes
538
Publication of the Codes and statutes continued in force
539
Giving bribes to Judges jurors referees
573
475
576
431
595
Murder defined 80
596
435
601
476
605

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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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