3. Verdict of Acquittal.-Sec. 1151, n. 3. 4. Sealed Verdict.-Sec. 1151, n. 4. 5. Special Verdict.-Secs. 1150, 1152, n. 2. 6. Verdict Rendered in Defendant's Absence. --Sec. 1148, n. 1. 7. Informal Verdict.-Secs. 1161, n. 1, 1162, n. 1. 8. Recording Verdict.-Secs. 1163, n. 1, 1164, n. 2. 1442. When several defendants are tried together, if the jury can'not agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury. 1. Verdict as to One of Several Defendants.-Sec. 1160. 1443. The jury can not be discharged after the cause is submitted to them, until they have agreed upon and rendered their verdict, unless for good cause the court sooner discharges them. 1. Discharge of Jury by Consent.-Sec. 1140, n. 3. 2. Discharge, when "Acquittal" or Jeopardy."-Secs. 687, n. 1, 1139, n. 1. 1444. If the jury is discharged, as provided in the last section, the court may proceed again to the trial, in the same manner as upon the first trial, and so on, until a verdict is rendered. 1. Jeopardy.-Sec. 687, n. 1. 2. Re-trial.-Sec. 1141. 1445. When the defendant pleads guilty, or is convicted, either by the court or by a jury, the court must render judgment thereon of fine or imprisonment, or both, as the case may be. [Amendment, approved March 30, 1874; in effect July 1, 1874. 1. Judgment, Rendition of.-Sec. 1202, n. 1. 2. Judgment, Form of.-Sec. 1202, n. 2. 3. Judgment to be Certain and Definite.-Sec. 1202, n. 3. 4. Judgment, Void and Voidable.-Sec. 1202, n. 4. 5. Judgment, Arrest of.-Secs. 1185, n. 1, 1186, n. 1. 6. Judgment on Appeal.-Sec. 1258, n. 1. 1446. A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied, in the proportion of one day's imprisonment for every dollar of the fine. [Amendment, approved March 7, 1874; in effect sixtieth day after passage. 1. Judgment of Fine.-Sec. 1205, n. 1. 1447. When the defendant is acquitted, either by the court. or by the jury, he must be immediately discharged; and if the court certify in the minutes that the prosecution was malicious or without probable cause, it may order the prosecutor to pay the costs of the action, or to give satisfactory security by a written undertaking, with one or more sureties, to pay the same within thirty days after the trial. 1448. If the prosecutor does not pay the costs, or give security therefor, the court may enter judgment against him for the amount thereof, which may be enforced in all respects in the same manner as a judgment rendered in a civil action. 1449. After a plea or verdict of guilty, or after a verdict against the defendant, on a plea of a former conviction or acquittal, the court must appoint a time for rendering judgment, which must not be more than two days nor less than six hours after the verdict is rendered, unless the defendant waive the postponement. If postponed, the court may hold the defendant to bail to appear for judgment. [Amendment, approved in effect July 1, 1874. March 30, 1874; 1450. At any time before judgment, defendant may move for a new trial or in arrest of judgment. 1. Motion for New Trial.-Sec. 1182, n. 1. 2. Motion in Arrest of Judgment.-Secs. 1185, 1452. 1451. A new trial may be granted in the following cases: 1. When the trial has been had in the absence of the defendant, unless he voluntarily absent himself, with full knowledge that a trial is being had; 2. When the jury has received any evidence out of court; 3. When the jury has separated without leave of the court, after having retired to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case; 4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors; 5. When there has been error in the decision of the court, given on any question of law arising during the course of the trial; 6. When the verdict is contrary to law or evidence; 7. When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial; but when a motion for a new trial is made upon this ground, the defendant must pro duce at the hearing the affidavits of the witnesses by whom such newly discovered evidence is expected to be given. 1. New Trial.-Sec. 1181, n. 8. 2. Trial in Absence of Defendant.-Sec. 1181, n. 1. 3. Separation of Jury.-Sec. 1181, n. 2. 4. Misconduct of Jury.-Sec. 1181, n. 3. 5. Verdict by Improper Means.-Sec. 1181, n. 4. 6. Erroneous Rulings.-Sec. 1181, n. 5. 7. Verdict Contrary to Evidence.-Sec. 1181, n. 6. 8. Newly Discovered Evidence.-Sec. 1181, n. 7. 1452. The motion in arrest of judgment may be founded on any substantial defect in the complaint, and the effect of an arrest of judgment is to place the defendant in the same situation in which he was before the trial was had. 1. Arrest of Judgment on Defendant's Motion.-Sec. 1185, n. 1. 2. Arrest of Judgment by Court without Motion.-Sec. 1186, n. 1. 3. Effect of Arresting Judgment.-Sec. 1187, n. 1. 1453. If the judgment is not arrested, or a new trial granted, judgment must be pronounced at the time appointed and entered in the minutes of the court. 1. Judgment, Rendition of.-Secs. 1202, n. 1, 1445. 1454. If judgment of acquittal is given, or judgment imposing a fine only, without imprisonment for non-payment, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given. 1455. When a judgment of imprisonment is entered, a certified copy thereof must be delivered to the sheriff, marshal, or other officer, which is a sufficient warrant for its execution. 1. Execution.-Secs. 1213, n. 1, 1216. 1456. When a judgment is entered imposing a fine, or ordering the defendant to be imprisoned until the fine is paid, he must be held in custody during the time specified in the judgment, unless the fine is sooner paid. 1. Execution of Judgment of Fine or Imprisonment.-Sec. 1215. 1457. Upon payment of the fine, the officer must discharge the defendant, if he is not detained for any other legal cause, and apply the money to the payment of the expenses of the prosecution, and pay over the residue, if any, within ten days, to the county or city treasurer, according as the offense is prosecuted in a justice's or police court. If a fine is imposed, and paid before commitment, it must be applied as prescribed in this section. 1. Disposition of Fines.-Sec. 1570. If the judgment impose a fine without costs, or if a fine be collected, but the costs imposed by the judgment be not collected, in either case the costs of the officers are to be paid out of the fine collected. Petty v. County Court San Joaquin Co., 45 Cal. 245. 1458. The defendant, at any time after his arrest, and before conviction, may be admitted to bail. The provisions of this code relative to bail are applicable to bail in justices' or police courts. 1. Bail.-Secs. 822, 1268. 1459. The justice or judge of either of the courts mentioned in this chapter may issue subpoenas for witnesses, as provided in section 1326, and punish disobedience thereof, as provided in section 1331. 1. Witness Bound to Attend.-See C. C. P., sec. 2064, post. 1460. The provisions of section 1401, in respect to entitling affidavits, are applicable to proceedings in the courts mentioned. in this chapter. 1461. The term "police courts," as used in this and the succeeding chapter, includes police judges' courts, police courts, and all courts held by mayors or recorders in incorporated cities or towns. CHAPTER II. APPEALS TO SUPERIOR COURTS. SECTION 1466. Appeals, when allowed. 1467. Appeals, how taken, heard, and determined. 1468. Statement on appeal. 1469. If new trial granted, in what court had. 1470. Proceedings, if appeal is dismissed or judgment affirmed. 1466. Either party may appeal to the superior court of the county from a judgment of a justice's or police court, in like cases and for like cause as appeals may be taken to the supreme court. [Amendment, approved April 12, 1880; in effect immediately. 1. Appeal by Defendant.-Sec. 1237, n. 1. 2. Appeal by the People.-Sec. 1238, n. 1. 1467. The appeal is taken, heard, and determined as provided in title IX, part II, of this code. 1. Appeal, How Taken.-Sec. 1240, n. 1. 2. Judgment on Appeal.-Sec. 1258, n. 1. 1468. The appeal to the superior court from the judgment of a justice's or police court is heard upon a statement of the case settled by the justice or police judge, embodying such rulings of the court as are excepted to, which statement must be filed with and settled by the court within ten days after filing notice. of appeal. [Amendment, approved April 12, 1880; in effect immediately. 1. Transcript on Appeal.-Sec. 1246, n. 2. 2. Statement, When Unnecessary.-A statement of the case is unnecessary if the pleadings and docket show the error relied on. People v. Maguire, 26 Cal. 635. 1469. If a new trial is granted upon appeal, it must be had in the superior court. [Amendment, approved April 12, 1880; in effect immediately. 1. New Trial, Where Had.-See People v. Maguire, 26 Cal. 635. 1470. If the appeal is dismissed or the judgment affirmed, a copy of the order of dismissal or judgment of affirmance must be remitted to the court below, which may proceed to enforce its sentence. 1. Remittitur.-Sec. 1264, n. 1. 2. Power of Appellate Court after Remittitur.-Sec. 1265, n. 2. See Ex parte Toland, 54 Cal. 344. TITLE XII. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. S$1510-1519. III. OF SEARCH WARRANTS, §§1523-1542. IV. PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE, V. MISCELLANEOUS PROVISIONS RESPECTING SPECIAL PRO- CHAPTER I. OF THE WRIT OF HABEAS CORPUS. SECTION 1473. Who may prosecute writ. 1474. Application for, how made. 1475. By whom issued, and before whom returnable. 1476. Writ must be granted without delay. 1477. Writ, what to contain. 1478. How served. 1479. Proceedings upon disobedience to the writ. |