The Codes and Statutes of California, as Amended and in Force at the Close of the Twenty-sixth Session of the Legislature, 1885: Penal code and statutes in force

THE

CODES AND
AND STATUTES

OF

CALIFORNIA.

AS AMENDED AND IN FORCE

AT THE CLOSE OF THE TWENTY-SIXTH SESSION OF THE LEGISLATURE, 1885,

WITH NOTES CONTAINING REFERENCES TO ALL THE DECISIONS OF THE
SUPREME COURT CONSTRUING OR ILLUSTRATING THE SECTIONS OF

THE CODES, AND TO ADJUDICATIONS OF THE COURTS OF
OTHER STATES HAVING LIKE CODE PROVISIONS,

IN

FOUR VOLUMES,

BY

F. P. DEERING,

Of the San Francisco Bar.

PENAL CODE AND STATUTES IN FORCE.

SAN FRANCISCO:

BANCROFT-WHITNEY CO.

LAW PUBLISHERS & LAW BOOKSELLERS.

1886.

L 8322
OCT3 1933

Entered according to Act of Congress, in the year 1885, BY A. L. BANCROFT & COMPANY,

In the Office of the Librarian of Congress, at Washington.

SUMMARY OF CONTENTS.

TITLE OF CODE....

PRELIMINARY PROVISIONS..

PART I.

OF CRIMES AND PUNISHMENT. [SECS. 26-678.]

TITLE I. Of Persons Liable to Punishment for Crime...

II. Of Parties to Crime.....

III. Of Offenses against the Sovereignty of the State...

IV. Of Crimes against the Elective Franchise......

V. Of Crimes by and against the Executive Power of the State...

IV. Forging, Stealing, Mutilating, and Falsifying Judicial and Public

SECTIONS

TITLE IX. Of Crimes against the Person and against Public Decency and Good

CHAP. I. Rape, Abduction, Carnal Abuse of Children, and Seduction.

261-367

VII. Crimes against Religion and Conscience, and Other Offenses against

Good Morals.....

299-309

VIII. Indecent Exposure, Obscene Exhibitions, Books, and Prints, and

Bawdy and Other Disorderly Houses..

SECTIONS

TITLE X.

XII.

Other Injuries to Persons..

Of Crimes against the Public Health and Safety...

XI. Of Crimes against the Public Peace....

XII. Of Crimes against the Revenue and Property of this State..

XIII. Of Crimes against Property...

III. Having Possession of Burglarious Instruments and Deadly Weapons. 466, 467

Arson....

470-482

XIII. Fraudulent Insolvencies by Corporations, and Other Frauds in their

Management.......

557-572

XIV. Fraudulent Issue of Documents of Title to Merchandise...

XV. Malicious Injuries to Railroad Bridges, Highways, Bridges, and

Violation of the Laws for the Preservation of Game and Fish...

Of Other and Miscellaneous Offenses..

626-637

638-654

TITLE XVI. General Provisions...

654-678

PART II.

OF CRIMINAL PROCEDURE. [SECS. 681-1570.]

PRELIMINARY PROVISIONS............

TITLE I. Of the Prevention of Public Offenses..

CHAP. I. Of Lawful Resistance....

III. Security to Keep the Peace......

II. Of the Intervention of the Officers of Justice...

IV. Police in Cities and Towns, and their Attendance at Exposed Places.

V. Suppression of Riots....

TITLE II. Of Judicial Proceedings for the Removal of Public Officers by Impeach-

Of the Removal of Civil Officers Otherwise than by Impeachment.

TITLE III. Of Proceedings in Criminal Actions, Prosecuted by Indictment, to the

758-772

VII. Examination of the Case, and Discharge of Defendant, or Holding

Him to Answer....

858-883

TITLE IV. Of Proceedings after Commitment and before Indictment......

CHAP. I. Preliminary Provisions.....

II. Formation of the Grand Jury..

III. Powers and Duties of a Grand Jury..

IV.

TITLE V. Of the Indictment....

Presentment, and Proceedings thereon...

TITLE VI. Of Pleadings and Proceedings after Indictment and before the Com-

V. Transmission of Certain Indictments from the County Court to the

District Court or Municipal Criminal Court of San Francisco.... 1028-1030

VI. Removal of the Action before Trial.........

VII. The Mode of Trial.....

1033-1038

1041-1043

VIII. Formation of the Trial Jury and the Calendar of Issues for Trial.. 1046-1049

IX. Postponement of the Trial.................

1052

TITLE VII. Of Proceedings after the Commencement of the Trial and before Judg-

New Trials.....

VII. Arrest of Judgment..

TITLE VIII. Of Judgment and Execution..

CHAP. I. The Judgment..

II. The Execution.......

TITLE IX. Of Appeals to the Supreme Court..

CHAP. I. Appeals, when Allowed and how Taken, and the Effect thereof.... 1235–1246

II. Dismissing an Appeal for Irregularity..

III. Argument of the Appeal...

IV. Judgment upon Appeal...

TITLE X. Miscellaneous Proceedings...

In What Cases the Defendant may be Admitted to Bail...... 1268-1274

II. Bail upon being Held to Answer before Indictment...

VII. Forfeiture of the Undertaking of Bail, or of the Deposit of

Money.....

1305-1307

VIII. Recommitment of the Defendant after having Given Bail, or

Deposited Money instead of Bail..............

Inquiry into the Insanity of the Defendant before Trial or after

Conviction....

1367-1373

VII. Compromising Certain Public Offenses by Leave of the Court...... 1377-1379

VIII. Dismissal of the Action before or after Indictment for Want of

Prosecution or Otherwise...

IX. Proceedings against Corporations..

1382-1388

1390-1397

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The Codes and Statutes of California, as Amended and in Force at the Close ...