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his report in writing in the records of said court. His report shall contain his recommendation for or against the release of such person on probation. If any such person shall be released on probation and committed to the care of the probation officer, such officer shall keep a complete and accurate record in suitable books or other form in writing, of the history of the case in court, and of the name of the probation officer, and his acts in connection with said case; also the age, sex, nativity, residence, education, habits of temperance, whether married or single, and the conduct, employment, and occupation, and parents' occupation, and condition of such person so committed to his care during the term of such probation and the result of such probation. Such record of such probation officer shall be and constitute a part of the records of the court, and shall at all times be open to the inspection of the court, or of any person appointed by the court for that purpose, as well as of all magistrates, and the chief of police, or other head of the police, unless otherwise ordered by the court. Said books of record shall be furnished for the use of said probation officer of said county, and shall be paid for out of the county treasury.

9. The probation officer shall furnish to each person who has been released on probation, and committed to his care, a written statement of the terms and conditions of his probation, unless such statement has been furnished by the court, and shall report to the court, judge or justice, releasing such person upon probation, any violation or breach of the terms and conditions imposed by such court on the person placed in his care.

10. Such probation officer shall have, as to the person so committed to the care of said probation officer, the powers of a peace officer. [Amendment approved April 6, 1911; Stats. 1911, p. 689.]

Citations. Cal. 157/190; (subd. 4) 158/494. App. 8/369.

§ 1205.

Citations. App. 10/462.

§ 1207.

Citations. Cal. 156/458, 739; 158/652, 669, 670, 671, 672, 673; (subd. 1) 158/652; (subds. 2, 3 and 4) 158/672. App. 8/637; 9/202, 205.

§ 1213.

Citations. Cal. 156/739. App. 8/371.

§ 1216.

Citations. App. 8/371.

§ 1237.

Citations. Cal. 157/733. App. 8/602; 9/266; 11/117, 669; 13/706;

14/228.

§ 1238.

Citations. App. 8/602.

§ 1239.

Citations. App. 18/299, 328, 706; 14/119.

§ 1240.

Citations. App. 8/467; 13/328, 706.

§ 1241.

Citations. App. 13/706.

§ 1246.

Citations. Cal. 158/670. App. 14/110.

Settlement of grounds of appeal.

§ 1247. Upon an appeal being taken from any judgment or order of the superior court, to the supreme court or to a district court of appeal, in any criminal action or proceeding where such appeal is allowed by law, the defendant, or the district attorney when the people appeal, must, within five days, file with the clerk and present an application to the trial court, stating in general terms the grounds of the appeal and the points upon which the appellant relies, and designate what portions of the phonographic reporter's notes it will be necessary to have transcribed to fairly present the points relied upon. If such application is not filed within said time, the appeal is wholly ineffectual and shall be deemed dismissed and the judgment or order may be enforced as if no appeal had been taken.

The court shall, within two days after the filing of such application, make an order directing the phonographic reporter who reported the ease to transcribe such portion of his notes as in the opinion of the court may be necessary to fairly and fully present the points relied upon by the appellant. If the court fails to make the order within two days after the application is filed, the notes requested in the application shall be transcribed without such order. The phonographic reporter shall, within twenty days after the filing of such application, file with the clerk of the court an original transcription and three carbon copies of the portion of the notes so required to be transcribed, excluding therefrom all argument of counsel not objected to at the time it was made. The same shall be typewritten as prescribed by the rules of the supreme court. He shall append to the original and to each copy his original affidavit that it is correct. [Amendment approved April 6, 1911; Stats. 1911, p. 692.]

Citations. App. 13/689; 14/109.

§ 1247a.

Citations. App. 13/689; 14/109.

§ 1247c.

Citations. App. 13/546.

§ 1253.

Citations. App. 12/542.

§ 1258.

Citations. App. 8/558; 13/660; 14/453, 590.

§ 1259.

Citations. App. 8/140, 596; 11/447; 18/707; 14/228.

§ 1262.

Citations. App. 13/512.

§ 1278.

Citations. App. 8/470.

§ 1279.

Citations. App. 8/470.

Husband and wife as competent witness.

§ 1322. Neither. husband nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties, except with the consent of both, or in case of criminal actions or proceedings for a crime committed by one against the person or property of the other, or in cases of criminal violence upon one by the other, or in cases of criminal actions or proceedings for bigamy, or adultery, or in cases of criminal actions or proceedings brought under the provisions of sections 270 and 270a of this code. [Amendment approved March 2, 1911; Stats. 1911, p. 270.]

Citations. App. 8/740; 9/234; 12/195.

§ 1323.

Citations. App. 8/117, 118, 139; 10/456, 457; 13/493; 14/608, 609. Witness not to be prosecuted upon testimony of himself. Person not exempt if testimony is voluntary.

§ 1324. A person hereafter offending against any of the provisions of this code, or against any law of this state, is a competent witness against any other person so offending, and may be compelled to attend and testify and produce any books, papers, contracts, agreements or documents upon any trial, hearing, proceeding or lawful investigation or judicial proceeding, in the same manner as any other person. If such person demands that he be excused from testifying or from producing such books, papers, contracts, agreements or documents on the ground that his testimony or that the production of such books, papers, contracts, agreements or documents may incriminate himself, he shall not be excused, but in that case the testimony so given and the books, papers, contracts, agreements and documents so produced shall not be used in any criminal prosecution or proceeding against the person

so testifying, except for perjury in giving such testimony, and he shall not be liable thereafter to prosecution by indictment, information, or presentment, or to prosecution nor punishment for the offense with reference to which his testimony was given, or for or on account of any transaction, matter or thing concerning which he may have testified or produced evidence, documentary or otherwise.

No such person shall be exempt from indictment, presentment by information, prosecution or punishment for the offense with reference to which he may have testified as aforesaid, or for or on account of any transaction, matter or thing concerning which he may have testified as aforesaid, or produced evidence, documentary or otherwise, where such person so testifying or so producing evidence, documentary or otherwise, does so voluntarily, or when such person so testifying or so producing evidence fails to ask to be excused from testifying or so producing evidence, on the ground that his testimony or such evidence, documentary or otherwise, may incriminate himself, but in all such eases, the testimony or evidence, documentary or otherwise, so given may be used in any criminal prosecution or proceeding against the person so testifying or producing such evidence, documentary or otherwise. Any person shall be deemed to have asked to be excused from testifying or producing evidence, documentary or otherwise, under this section, unless before any testimony is given or evidence, documentary or otherwise, is produced by such a witness, the judge, foreman or other person presiding at such trial, hearing, proceeding or investigation, shall distinctly read this section of this code to such witness, and the form of the objection by the witness shall be immaterial, if he in substance makes objection that his testimony or the production of such evidence, documentary or otherwise, may incriminate himself, and he shall not be obliged to object to each question, but one objection shall be sufficient to protect such witness from prosecution for any offense concerning which he may testify, or for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, upon such trial, hearing, proceeding or investiga tion. [New section approved March 24, 1911; Stats. 1911, p. 485.] § 1329.

Citations. App. 14/118.

§ 1330.

Citations. App. 14/118.

§ 1367.

Citations. Cal. 157/190.

§ 1373.

Citations. Cal. 157/190.

§ 1382.

Citations. Cal. 155/170. App 18/215, 216.

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