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OF

TITLE III.

THE PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY INDICTMENT, TO THE COMMITMENT, INCLUSIVE.

Chapter I. Of the Local Jurisdiction of Public Offenses, §§ 777-795.

II.

Of the Time of Commencing Criminal Actions, §§ 799-803.

III. The Information, §§ 806-809.

IV.

V.

VI.

VII.

The Warrant of Arrest, §§ 811-829.

Arrest, by Whom and How Made, §§ 834-851. Retaking after an Escape or Rescue, §§ 854, 855.

Examination of the Case and Discharge of Defendant, or Holding Him to Answer, §§ 858-883.

CHAPTER I.

OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES.
Jurisdiction of offenses committed in this state.

§ 777.

§ 778.

§ 779.

§ 780.

§ 781.

§ 782.

§ 783.

§ 784. § 785.

§ 786.

§ 787.

§ 788.

§ 789.

§ 790.

§ 791.

Offenses commenced without, but consummated within this
state.

When an inhabitant of this state is concerned in a duel out
of the same, and a party wounded dies therein.
Leaving the state to evade the statute against dueling.
Offense committed partly in one county and partly in an-
other.

Committed on the boundary, etc., of two or more counties.
Jurisdiction of an offense on board a vessel or car.

Jurisdiction for kidnaping or abduction.

Jurisdiction of an indictment for bigamy or incest.

Property feloniously taken in one county and brought into another.

Jurisdiction for escaping from prison.

Jurisdiction for treason committed out of the state.

Jurisdiction for stealing, etc., property, out of state, and brought therein.

Jurisdiction for murder, etc., where the injury was inflicted

in one county, and the party dies out of that county. Of an indictment against an accessory.

§ 792. § 793.

§ 794.

Of principals who are not present, etc., at commission of the principal offense.

Conviction or acquittal in another state a bar, where the jurisdiction is concurrent.

Conviction or acquittal in another county a bar, where the jurisdiction is concurrent. § 795. Jurisdiction of prize-fight.

§ 777. Jurisdiction of offenses committed in this state. Every person is liable to punishment by the laws of this state, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States. En. February 14, 1872.

Crim. Prac. Act, sec. 84. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

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§ 778. Offenses commenced without, but consummated within this state. When the commission of a public offense, commenced without the state, is consummated within its boundaries, the defendant is liable to punishment therefor in this state, though he was out of the state at the time of the commission of the offense charged. If he consummated it in this state, through the intervention of an innocent or guilty agent, or any other means proceeding directly from himself, in such case the jurisdiction is in the county in which the offense is consummated. En. February 14, 1872.

Crim. Prac. Act, sec. 85. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

$ 779. When an inhabitant of this state is concerned in a duel out of the same, and a party wounded dies therein. When an inhabitant or resident of this state, by previous appointment or engagement, fights a duel or is concerned as second therein, out of the jurisdiction of this state, and in the duel a wound is inflicted upon a person, whereof he dies in this state, the jurisdiction of the offense is in the county where the death happens. En. February 14, 1872.

Crim. Prac. Act, sec. 86. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

$780. Leaving the state to evade the statute against dueling. When an inhabitant of this state leaves the same for the purpose of evading the operation of the provisions of the code relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county of which the offender was an inhabitant when the offense was committed. En. February 14, 1872.

§ 781. Offense committed partly in one county and partly in another. When a public offense is committed in part in one county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in either county. En. February 14, 1872. Cal.Rep.Cit. 51, 379.

Crim. Prac. Act, sec. 87. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep.Cit. 22, 183.

§ 782. Committed on the boundary, etc., of two or more counties. When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in eitner county. En. February 14, 1872.

Cal.Rep.Cit. 55, 233; 59, 459.

Crim. Prac. Act, sec. 88. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

car.

§ 783. Jurisdiction of an offense on board a vessel or When an offense is committed in this state, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein, in the prosecution of her voyage, the jurisdiction is in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage terminates; and when the offense is

committed in this state, on a railroad train or car prosecuting its trip, the jurisdiction is in any county through which the train or car passes in the course of her trip, or in the county where the trip terminates. En. February 14, 1872. Am'd. 1875-6, 116.

Cal.Rep.Cit. 103, 510; 133, 624; 138, 146.

Crim. Prac. Act, sec. 89. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep. Cit. 7, 398.

§ 784. Jurisdiction for kidnaping or abduction. The jurisdiction of a criminal action

1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnaping him, with intent, against his will, to cause him to be secretly confined or imprisoned in this state, or to be sent out of the state, or from one county to another or to be sold as a slave, or in any way held to service; or,

2. For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child; or,

3. For inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of twenty-five years, for the purpose of prostitution; or,

4. For taking away any female, under the age of sixteen years, from her father, mother, guardian, or other person having the legal charge of her person, without their consent, either for the purpose of concubinage or prostitution;

-is in the county in which the offense is committed, or out of which the person upon whom the offense, was committed may, in the commission of the offense, have been brought, or in which an act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense, or in abetting the parties concerned therein. En. February 14, 1872. Am'd. 1880, 11.

Crim. Prac. Act, sec. 90. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Enticing away children:

See ante, sec. 278.

Enticing away unmarried female: See ante, secs. 266,

267.

§ 785. Jurisdiction of an indictment for bigamy or incest. When the offense, either of bigamy or incest, is committed in one county and the defendant is apprehended in another, the jurisdiction is in either county. En. February 14, 1872.

Crim. Prac. Act, sec. 91. En. April 20, 1850. Rep. 1851, 200. En. 1851, 212.

§ 786. Property feloniously taken in one county and brought into another. When property taken in one county by burglary, robbery, larceny, or embezzlement, has been brought into another, the jurisdiction of the offense is in either county. But if at any time before the conviction of the defendant in the latter, he is indicted in the former county, the sheriff of the latter county must, upon demand, deliver him to the sheriff of the former. En. February 14, 1872.

Cal. Rep. Cit. 74, 95; 91, 27; 106, 640; 134, 386.

Crim. Prac. Act, sec. 92. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep.Cit. 29, 422, 40, 653.

Bringing stolen property into the state: 27, subd. 2; ante, sec. 497; post, sec. 789.

See ante, sec.

§ 787. Jurisdiction for escaping from prison. The jurisdiction of a criminal action for escaping from prison is in any county of the state. En. February 14, 1872. Am'd. 1880, 11.

The words "criminal action" are here substituted for the word "indictment" in the original.

§ 788. Jurisdiction for treason committed out of the state. The jurisdiction of a criminal action for treason, when the overt act is committed out of the state, is in

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