The Penal Code of California

California

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

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Inhaltsverzeichnis

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Inhalt

OF THE STATE PRISON AND COUNTY JAILS	3

Title and Divisions of this	5

process	10

PART I	27

CHAPTER II	54

Escapes from State Prison	55

Communicating such offer	56

CHAPTER VI	63

TITLE XI	310

Having possession of any instrumentſ with intent to commit	315

OF PLEADINGS AND PROCEEDINGS AFTER INDICTMENT	328

CHAPTER II	334

TRANSMISSION OF CERTAIN INDICTMENTS FROM THE COUNTY COURT	345

CHAPTER VIII	349

Bills of exception 407	352

Upon what founded	354

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

Andere Ausgaben - Alle anzeigen

The Penal code of California
California
Vollansicht - 1889

The Penal Code of California
California,Creed Haymond,John Chilton Burch,John H. McKune
Vollansicht - 1872

Penal Code of California
California,California Dept of Justice
Keine Leseprobe verfügbar - 2018

Alle anzeigen »

Häufige Begriffe und Wortgruppen

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Beliebte Passagen

Seite 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.

Wird in 382 Büchern von 1864 bis 2008 erwähnt

Seite 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...

Wird in 414 Büchern von 1792 bis 2006 erwähnt

Seite 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.

Wird in 1096 Büchern von 1798 bis 2008 erwähnt

Seite 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...

Wird in 314 Büchern von 1832 bis 2006 erwähnt

Seite 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...

Wird in 229 Büchern von 1864 bis 2006 erwähnt

Seite 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.

Wird in 303 Büchern von 1845 bis 2008 erwähnt

Seite 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...

Wird in 316 Büchern von 1852 bis 2005 erwähnt

Seite 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.

Wird in 452 Büchern von 1852 bis 2005 erwähnt

Seite 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...

Wird in 265 Büchern von 1846 bis 2006 erwähnt

Seite 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.

Wird in 158 Büchern von 1872 bis 1998 erwähnt

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Titel	The Penal Code of California
Autor/in	California
Herausgeber	Creed Haymond, John Chilton Burch
Verlag	H.S. Crocker & Company, book and job printers, 1872
Länge	628 Seiten

Zitat exportieren	BiBTeX EndNote RefMan

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