ried 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. [In effect April 9th, 1880.] Subd. 1. See ante, § 207. Subd. 2. See ante, §§ 266, 267, 278. 785. 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. 786. 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. Property brought into another county.-This section authorizes a trial in the county to which the property is brought, when the property has been taken by larceny" in another county-6 Pac. C. L. J. 561; but it cannot be said that a thief commits a new larceny in every county through which he passes with the stolen property-6 id. 561. Whenever an offense is begun in one county and completed in another, the venue may be laid in either; so, larceny is punishable in any county in which the goods are brought-40 Cal. 648; 43 Ill. 397; 39 Ala. 684; 17 Me. 211; 21 id. 14; 49 id. 181; 11 Cush. 483; 7 Met. 475; id. 138; 10 Mass. 154; 16 N. Y. 344; 4 Parker Cr. R. 255; 11 Wend. 129; 2 Leigh, 708; 11 Mich. 329; 7 Cold. 331; 47 Miss. 671; 8 Nev. 208; so, as to embezzlement-61 Barb. 226; 11 Wend. 129; 40 Ala. 44; 3 Stewt. 123; 4 Kan. 68; 1 Har. & J. 340; 12 Mo. 453; 35 Mo. 229; 2 Denison, 298; Russ. & R. C. C. 56; 3 Bos. & P. 596; but see 100 Mass. 1; but mere reception of the property does not give jurisdiction-51 Cal. 376, without proof of the asportation-22 Minn. 76. The rule is otherwise at common law -14 Cox C. C. 22. See 3 Gray, 434; 9 Wend. 505. 787. The jurisdiction of a criminal action for escaping from prison is in any county of the State. In effect April 9th, 1880.] 788. The jurisdiction of a criminal action for treason, when the overt act is committed out of the State, is in any county of the State. [In effect April 9th, 1880.] 789. The jurisdiction of a criminal action for stealing in any other State the property of another, or receiving it, knowing it to have been stolen, and bringing the same into this State, is in any county into or through which such stolen property has been brought. [In effect April 9th, 1880.] Larceny in other State.-As between the several States, jurisdiction exists at common law in the State into which the stolen property is brought-1 Mass. 116; 3 Stewt. 123; 2 Mass. 14; 9 Gray,7; 1 Duval, 153; 1 Hayw. 100; 1 Har. & J. 340; 3 Conn. 186; 24 Mich. 156; 36 Miss. 593; 26 Ill. 173; 35 Mo. 229; 9 Nev. 48; 14 Iowa, 479; 2 Oreg. 115; 11 Ohio, 435; 24 Ohio St. 166. And in some States it is held not to exist without a statute-5 Binn. 619; 14 La. An. 278; 2 Johns. 477; id. 479; 31 N. J. L. 82; 1 Neb. 11; and such statutes are constitutional-4 Humph. 461; 15 Ind. 378; 67 Mo. 59; but see 49 id. 181; 3 Grey, 434. See ante, § 497, and notes. 790. The jurisdiction of a criminal action for murder or manslaughter, when the injury which caused the death was inflicted in one county, and the party injured dies in another county or out of the State, is in the county where the injury was inflicted. [In effect April 9th, 1880.] Consummation out of State.-Where a person assaulted in one State went to another State and died there, the charge is not cognizable in the courts of the latter State-3 Dutch, 499; see 7 Mich. 161. 791. In the case of an accessory in the commission of a public offense, the jurisdiction is in the county where the offense of the accessory was committed, notwithstanding the principal offense was committed in another county. The act of Congress punishing for murder does not embrace an accessory before the fact-Hemp. 481; but see 2 Blatchf. 207. A person who, out of the State, becomes an accessory before the fact to a felony committed within the State, cannot be punished by the laws of Indiana-19 Ind. 421. See ante, §§ 31, 32, and notes. 792. The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission of the principal offense, is in the same county it would be under this Code if he were so present and aiding and abetting therein. [In effect April 9th, 1880.] 793. When an act charged as a public offense is within the jurisdiction of another State or country, as well as of this State, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefor in this State. Bar to prosecution.-The district in which the trial is had must have been ascertained before the commission of the crime-5 Blatchf. 360. Where an offense is committed against two sovereignties, the first one prosecuting absorbs it-97 U. S. 309. It is no defense that the parties were wrongfully arrested in one State and taken to another-21 Iowa, 467; see 5 Parker Cr. R. 507. 794. When an offense is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another. Trial as a bar.-A trial in one county is a bar to a trial in every other county-43 Ill. 397; 39 Ala. 684; 7 Cold. 331. '795. The jurisdiction of a violation of sections four hundred and twelve, four hundred and thirteen, and four hundred and fourteen of the Penal Code, or a conspiracy to violate either of said sections, is in any county, first, in which any act is done toward the commission of the offense; or, second, into, out of, or through which the offender passed to commit the offense; or, third, where the offender is arrested. [Approved March 7th, 1874.] CHAPTER II. OF THE TIME OF COMMENCING CRIMINAL ACTIONS. § 799. Prosecution for murder may be commenced at any time. § 800. Limitation of three years in all other felonies. $ 801. Limitation of one year in misdemeanors. § 802. Exception when defendant is out of the State. § 803. Indictment found, when presented and filed. 799. There is no limitation of time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed. Statute of limitations applies to offenses perpetrated before its passage as well as to subsequent offenses-3 McLean, 89; id. 469; 2 Cranch, 342; 5 Cranch C. C. 73; 2 Pars. Cas. 453; and to common-law offenses-1 Cranch C. C. 485; 2 íd. 60; 3 id. 442; contra, 24 Tex. 61; but if it extends the time for finding an indictment, it does not apply to previous crimes-58 N. Y. 303; 57 id. 473; 55 id. 93; id. 495; id. 613; 49 N. Y. 332; 47 id. 566; 28 id. 400; 25 id. 406; 24 id. 20; 6 id. 463; 49 Barb. 181. The statute begins to run on the day of committing the offense -26 Tex. 82. In bigamy, it runs from the bigamous marriage, unless the statutes make the crime continuous-81 Pa. St. 428; 32 Ark. 205. Continuous withholding of property is not a continuous offense-98 U. S. 450. There is no limitation within which to prosecute for murder-44 Cal. 99. 800. An indictment for any other felony than murder must be found, or an information filed, within three years after its commission. [In effect April 9th, 1880.] See 12 Cal. 294; 44 id. 99. 801. An indictment for any misdemeanor must be found, or an information filed, within one year after its commission. [In effect April 9th, 1880.] 802. If, when the offense is committed, the defendant is out of the State, the indictment may be found or an information filed within the term herein limited after his coming within the State, and no time during which the defendant is not an inhabitant of, or usually resident within this State, is part of the limitation. [In effect April 9th, 1880.] Absence from State.-The time that the defendant may be out of the State is no part of the limitation-18 Cal. 38. So, flight or concealment suspends the running of the statute-5 Cranch C. C. 39; id. 116; 57 Ind. 113; 4 Day, 123; it need not be specially pleaded-17 Wall. 168; 4 Day, 123; 3 Cranch C. C. 441; 5 id. 73; 2 Low. 267; 29 N. H. 274; 28 Pa. St. 259; contra, 5 Parker Cr. R. 231; 74 N. C. 230; 4 Ga. 335; 10 Humph. 52; 8 Ind. 494; 7 Iowa, 409. It devolves on the prosecution to show the offense within the statutory period-12 Cal. 295; 18 id. 38; 1 Stewt. 318; 1 Stewt. & P. 208; 4 Day, 121; 28 Pa. St. 259; Russ. & R. C. C. 369; but the prosecution may prove, without averring it, that defendant is within the statute-17 Wall. 168; 3 McLean, 469; and see 5 Cranch C. C. 73; 39 Me. 212; 9 Cowen, 655; 2 Pars. Cas. 453; 10 Humph. 52; 8 Blackf. 195. 803. An indictment is found within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed. When ceases to run.-After commencement of legal proceedings the statute remains silent till final judgment on the merits-3 Brewst. 394; 5 Jones, (N. C.) 221; 6 id. 42; 38 Ala. 425; and dismissal of the action does not revive it-13 Bush, 142. Though indictment must be found to prevent the bar of the statute, sentence need not be within the limitation-3 Brewst. 394. PEN. CODE.-27. |