The Penal Code of California, Volume 4

California

H.S. Crocker & Company, book and job printers, 1872 - Criminal law - 628 pages

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Title Page

Table of Contents

Index

OF THE STATE PRISON AND COUNTY JAILS	3

Title and Divisions of this Act PRELIMINARY PROVISIONS SECTION 2 When this Act takes effect 3 Not retroactive 4 Construction of the Penal C...	5

THE TRIAL	9

What intent to defraud is sufficient	12

Authority of Courtsmartial preserved Courts of justice to punish for contempts	13

Refusal to obey summons of Board of Registration a misde meanor 37	14

Crimes how divided	15

THE JUDGMENT	17

Retaking after an escape or rescue	290

dPENAL	291

On postponement defendant to be committed or discharged on bail	292

Examination of witnesses to be in presence of defendant and his tight to crossexamine	293

Testimony how taken and authenticated	294

Deposition by whom and how kept	295

Order for commitment	296

TITLE IV	299

TITLE I	27

TITLE II	33

Voting without being qualified voting twice and other election frauds felonies	38

Attempting to vote without being qualified	39

Forging or altering returns a felony	40

Intimidating corrupting deceiving or defrauding electors a misdemeanor	41

Violation of election laws by certain officers a felony	42

Preventing public meetings	43

Violation of election laws by persons not officers	44

Acts of officers de facto not affected	45

Extortion	46

Buying appointments to office	47

Preceding sections to apply to administrative and ministerial officers	48

ESCAPES AND AIDING THEREIN	55

records and documents	56

Falsifying evidence	63

Conspiracy	77

Giving bribes to Judges jurors referees	93

Mayhem defined	96

Posting for not fighting	102

TITLE IX	110

CHAPTER II	117

Bigamy defined	119

Indecent exposures exhibitions and pictures	130

CHAPTER X	136

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

Public nuisances defined	148

Unequal damage	152

Willful violation of health laws	153

Unlicensed piloting	154

Putting extraneous substances in packages of goods usually sold by weight with intent to increase weight	155

Disposing of tainted food etc	156

Obstructing attempts to extinguish fires	157

Crossing toll bridges etc without paying toll	158

Violation of duty by employ�s 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

Disclosing fact of indictment or presentment having been found	168

mit inspection of his books	171

Extortion 198	172

Bringing Chinese into the State	174

CHAPTER II	176

Having possession of burglarious instruments and deadly	179

notes bonds etc Forgery of records and official returns	180

Making false entries in records or returns	182

Passing or receiving forged notes	183

Counterfeiting coin bullion etc	184

Making or possessing counterfeit dies or plates	185

Larceny defined	186

Larceny of lost property	191

Petit larceny	192

Written instruments completed but not delivered	193

Stealing water	194

Purchasing or receiving in pledge junk etc of minors misde meanor	195

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

Killing seals and sea lions within one mile of Cliff House	222

Limitation upon the operations of the preceding section	224

V	230

CHAPTER II	234

Harbor Commissioners	236

Enticing seamen to desert	237

Issuing or circulating paper money	238

Requiring wards or apprentices to work more than eight hours	239

TITLE XVI	240

Sending letters when deemed complete	242

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

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

Power of Sheriff or other officer in overcoming resistance	261

Officer when impeached disqualified until acquitted Governor to temporarily fill vacancy	265

Rescuing prisoners	266

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

Name or description of the defendant in the warrant and state ment of the offense	283

Indorsement on the warrant for service in another county how and upon what proof to be made	284

When bail is not given When magistrate who issued warrant cannot act	285

Arrest by whom and how made	286

When the arrest may be made	288

Same	289

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

Motion when heard If denied or granted what proceedings	335

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

CHAPTER IV	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

In what cases	408

CHAPTER VII	414

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

cuted	425

Judge to transmit statement of conviction and testimony to Governor	426

Proceedings upon finding of jury	427

Number of counsel to be heard	435

COMPELLING THE ATTENDANCE OF WITNESSES	439

Bail on habeas corpus	448

Deposit when and how made	449

CHAPTER II	455

CHAPTER IV	460

Commission how executed Copy of this section to be	462

Having possession of deadly weapons with intent to commit	467

CHAPTER VII	470

CHAPTER IX	472

Disposal of property stolen or embezzled	475

Power of the Governor to grant reprieves commutations	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 Counts defined	490

Proceedings if appeal is dismissed or judgment affi med	491

Application for how made	494

Writ must be granted without delay	495

Proceedings upon disobedience to the writ	496

Body must be produced when	497

When Court may discharge the party	498

When to remand party	499

Not to be discharged for defect of form in warrant	501

Judge may take bail	502

Disposition of party pending proceedings on return	503

Warrant may include person charged with illegal detention	504

Of Coroners inquests and duties of Coroners	505

Jurors to be sworn	506

CHAPTER 1	507

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

Witnesses to be summoned 506	560

529	573

475	576

476	605

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Common terms and phrases

accused acquittal arrest arson assault attempt authority bail bench warrant bigamy bill of lading cause challenge Chap CHAPTER charge child stealing Civil Code Cal commission committed common law conviction counterfeit County Jail Court Cox Cr Crimes and Punishment criminal custody defendant defined destroys discharged District Attorney duty embezzlement evidence exceeding five fact false felony fraudulently Grand Jury guilty held impeachment indictment indorsed injures issued Jail not exceeding judgment juror killing lottery magistrate maliciously marriage meanor ment misde misdemeanor murder note to Sec NOTE.-See note NOTE.-Stats oath party pawnbroker Penal Code peremptory challenges perjury person who willfully plea Political Code Cal preceding section prescribed present Prison not exceeding Prison not less proceedings procures prosecution provisions public offense punishable by imprisonment received refuses sells Sheriff Stats statute Subd sufficient term thereof thousand dollars tion trial unlawful verdict vessel violation vote warrant witness

Popular passages

Page 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.

Appears in 382 books from 1864-2008

Page 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...

Appears in 414 books from 1792-2006

Page 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.

Appears in 1096 books from 1798-2008

Page 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...

Appears in 314 books from 1832-2006

Page 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...

Appears in 229 books from 1864-2006

Page 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.

Appears in 303 books from 1845-2008

Page 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...

Appears in 316 books from 1852-2005

Page 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.

Appears in 452 books from 1852-2005

Page 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...

Appears in 265 books from 1846-2006

Page 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.

Appears in 158 books from 1872-1998

Bibliographic information

Title	The Penal Code of California, Volume 4 The Penal Code of California, John Chilton Burch
Author	California
Editors	Creed Haymond, John Chilton Burch
Publisher	H.S. Crocker & Company, book and job printers, 1872
Length	628 pages

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