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charged or retained, according to the discretion of the court, during the pendency of the issue of insanity. En. February 14, 1872. Am'd. 1873-4, 452; 1880, 28.

Cal.Rep.Cit. 67, 380; 85, 301; 85, 302; 85, 303; 105, 340; 106, 51; 116, 441; 126, 426; 126, 427; 126, 616; 132, 305; 138, 379.

Crim. Prac. Act, sec. 584.

En. April 20, 1850. Rep.

1851, 290. En. 1851, 212.

Cal.Rep. Cit. 31, 580.

Crim. Prac. Act, sec. 585. En. April 20, 1850. 1851, 290. En. 1851, 212.

Insanity as a defense generally: Ante, sec. 26.
Order of trial: Ante, sec. 1369.

Rep.

Acquittal on the ground of insanity: See ante, sec.

1167.

§ 1369. Trial of the question of insanity. Charge of the court. The trial of the question of insanity must proceed in the following order:

1. The counsel for the defendant must open the case, and offer evidence in support of the allegation of insanity. 2. The counsel for the people may then open their case, and offer evidence in support thereof.

3. The parties may then respectively offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original cause.

4. When the evidence is concluded, unless the case is submitted to the jury on either or both sides without argument, the counsel for the people must commence, and the defendant or his counsel may conclude the argument to the jury.

5. If the indictment be for an offense punishable with death, two counsel on each side may argue the cause to the jury, in which case they must do so alternately. In other cases, the argument may be restricted to one counsel on each side.

6. The court must then charge the jury, stating to

them all matters of law necessary for their information in giving their verdict. En. February 14, 1872.

Cal.Rep.Cit. 105, 340; 126, 426; 126, 616.

Crim. Prac. Act, sec. 586. 1851, 290. En. 1851, 212.

Crim. Prac. Act, sec. 587. 1851, 290. En. 1851, 212.

En. April 20, 1850. Rep.

En. April 20, 1850. Rep.

§ 1370. Verdict of the jury as to sanity, and proceedings thereon. If the jury find the defendant sane, the trial must proceed, or judgment be pronounced, as the case may be. If the jury find the defendant insane, the trial or judgment must be suspended until he becomes sane, and the court must order that he be in the mean time committed by the sheriff to the state insane asylum, and that upon his becoming sane he be redelivered to the sheriff. En. February 14, 1872. Am'd. 1873-4, 453; 1880, 29.

Cal.Rep. Cit. 126, 617; 129, 331; 138, 380.
Crim. Prac. Act, sec. 588.

1851, 290. En. 1851, 212.

En. April 20, 1850. Rep.

Crim. Prac. Act, sec. 589. En. April 20, 1850.

1851, 290. En. 1851, 212.

Cal.Rep. Cit. 31, 580.

Rep.

Insane defendant, redelivery to sheriff on discharge from asylum: See Pol. Code, sec. 2189.

§ 1371. If defendant is committed, it exonerates his bail, etc. The commitment of the defendant, as mentioned in the last section, exonerates his bail, or entitles a person, authorized to receive the property of the defendant, to a return of any money he may have deposited instead of bail. En. February 14, 1872.

Crim. Prac. Act, sec. 590. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1372. Defendant detained in asylum until he becomes If the defendant is received into the asylum, he must be detained there until he becomes sane. When he

sane.

becomes sane, the superintendent must give notice of that fact to the sheriff and district attorney of the county. The sheriff must thereupon, without delay, bring the defendant from the asylum, and place him in proper custody until he is brought to trial or judgment, as the case may be, or is legally discharged. En. February 14, 1872. Cal.Rep.Cit. 126, 616; 126, 617; 129, 331; 129, 332.

Crim. Prac. Act, sec. 591. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep. Cit. 31, 581.

§ 1373. Expense of sending, etc., defendant to asylum. The expenses of sending the defendant to the asylum, of keeping him there, and of bringing him back, are in the first instance chargeable to the county in which the indictment was found, or information filed; but the county may recover them from the estate of the defendant, if he have any, or from a relative, town, city, or county bound to provide for and maintain him elsewhere. En. February 14, 1872. Am'd. 1880, 29.

Cal.Rep.Cit. 126, 616; 129, 331; 138, 380; 138, 381; 138, 382; 138, 383.

Crim. Prac. Act, sec. 592. En. April 20, 1850. 1851, 290. En. 1851, 212.

Rep.

CHAPTER VII.

COMPROMISING CERTAIN PUBLIC OFFENSES BY LEAVE OF

§ 1377.

§ 1378.

§ 1379.

THE COURT.

Compromise of offenses for which civil action may be had. Compromise by permission of the court bars another prosecution.

No public offense to be compromised except.

§ 1377. Compromise of offenses for which civil action may be had. When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in the next section, except when it is committed:

1. By or upon an officer of justice, while in the execution of the duties of his office.

2. Riotously.

3. With an intent to commit a felony. En. February 14, 1872.

Crim. Prac. Act, sec. 675. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1378. Compromise by permission of the court bars another prosecution. If the party injured appears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense. En. February 14, 1872.

Crim. Prac. Act, sec. 676. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Crim. Prac. Act, sec. 677. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Restoration of property embezzled, ground for mitigation of punishment: Ante, sec. 513.

§ 1379. No public offense to be compromised except. No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this chapter. En. February 14, 1872.

Crim. Prac. Act, sec. 678. En. April 20, 1850. Rep. 1351, 290. En. 1851, 212.

CHAPTER VIII.

DISMISSAL OF THE ACTION BEFORE OR AFTER INDICTMENT FOR WANT OF PROSECUTION OR OTHERWISE.

§ 1382.

§ 1383.

§ 1384. § 1385.

§ 1386. $1387. § 1388.

§ 1389.

When action may be dismissed.

Continuance and discharge from custody.

If action dismissed, defendant to be discharged, etc. Dismissed on motion of court or application of district attorney.

Nolle prosequi abolished.

Dismissal a bar in misdemeanor, but not in felony.
Probationary treatment of juvenile delinquents.
Prohibiting minors to visit houses of ill-fame.

§ 1382. When action may be dismissed. The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed in the following cases:

1. Where a person has been held to answer for a public offense, if an indictment is not found or an information filed against him, within thirty days thereafter.

2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial within sixty days after the finding of the indictment, or filing of the information. En. February 14, 1872. Am'd. 1880, 29.

Cal. Rep. Cit. 54, 101; 54, 413; 54, 414; 63, 346; 65, 218; 69, 540; 74, 576; 82, 109; 85, 516; 91, 29; 99, 101; 100, 3; 100, 6; 113, 284; 113, 285; 116, 154; 127, 374; 133, 357. Subd. 277, 447; 116, 152; 127, 373; 130, 162; 133, 351; 136, 294. Crim. Prac. Act, sec. 593. 1851, 290. En. 1851, 212.

Crim. Prac. Act, sec. 594. 1851, 290. En. 1851, 212.

En. April 20, 1850. Rep.

En. April 20, 1850.

Rep.

Cal.Rep.Cit. 19, 549.

Dismissal before indictment:

See ante, sec. 941.

1383. Continuance and discharge from custody. If the defendant is not charged or tried as provided in the last section, and sufficient reason therefor is shown, the court may order the action to be continued from time to time, and in the mean time may discharge the defendant from

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