ARTICLE VIII. RECOMMITMENT OF THE DEFENDANT AFTER HAVING GIVEN BAIL OR DEPOSITED MONEY INSTEAD OF BAIL. SECTION 1310. In what cases... 1311. Contents of order..... 1312. Defendant may be arrested in any county.. 1313. If for failure to appear for judgment, defendant must be committed... 1314. If for other cause, he may be admitted to bail. 1315. Bail in such case, by whom taken.. 381 381 381 381 382 382 382 1316. Form of the undertaking..... 1317. Bail must possess what qualifications, and how put in... 382 CHAPTER II. WHO MAY BE WITNESSES IN CRIMINAL ACTIONS. SECTION 1321. Who are competent witnesses...... 382 1322. When husband and wife are not competent witnesses ... 386 1323. When the defendant is not a competent witness.... 387 CHAPTER III. COMPELLING THE ATTENDANCE OF WITNESSES. SECTION 1326. Subpoena defined, and who may issue.. 1327. Form of subpoena.... 388 388 1328. Subpoena, by whom and how served.. 389 1329. Payment of the expenses of the witness when he is from without the county or is poor...... 389 1330. Witness residing or served with subpoena out of the EXAMINATION OF WITNESSES CONDITIONALLY. SECTION 1335. Witnesses to be examined conditionally for the defendant, as provided in this chapter.......... 1336. In what cases defendant may apply for the order... 1339. Order, when granted and what to contain... 391 1340. On proof of service, if district attorney be absent, exam ination must proceed. . . . . . . 391 1341. If facts on which order was founded be disapproved, 1345. When may be read in evidence. Subject to objections, etc..... 392 1346. Depositions of witnesses who are prisoners in other coun ties... 393 CHAPTER V. EXAMINATION OF WITNESSES ON COMMISSION. SECTION 1349. Witness residing out of the state, when to be examined. 394 1350. When defendant may apply for an order to examine, etc. 394 1354. Order for commission, when granted, and stay of proceed ings. 394 1355. Interrogations, how settled and allowed. 394 1356. Direction as to the return of the commission... 395 1357. Commission, how executed. Copy of this section to be annexed to commission... 395 1358. Commission, how returned, when delivered to an agent 1361. Commission and return to be open for inspection. Copies, etc.... 396 1362. Depositions to be read in evidence. Objections thereto, etc. 396 CHAPTER VI. INQUIRY INTO THE INSANITY OF THE DEFENDANT BEFORE TRIAL OR AFTER CONVICTION. SECTION 1367. An insane person can not be tried, sentenced, or punished for a public offense...... 397 1368. When doubts arise as to sanity of the defendant, how de termined. Stay of proceedings on 397 1369. Order of the trial of the question of insanity. Charge of the court..... 398 398 1370. Verdict of the jury and proceedings thereon Notice then given to district attorney, etc..... ... 398 1373. Expense of sending, etc., defendant to asylum, where chargeable.. 399 CHAPTER VII. COMPROMISING CERTAIN PUBLIC OFFENSES BY LEAVE OF THE COURT. SECTION 1377. Certain offenses for which the party injured has a civil ac tion may be compromised.............. 399 1378. Compromise to be by permission of the court. Order 399 1379. No public offense to be compromised except as herein provided.. 399 CHAPTER VIII. DISMISSAL OF THE ACTION BEFORE OR AFTER INDICTMENT, FOR WANT OF PROSECUTION OR OTHERWISE. SECTION 1382. When action may be dismissed... 1383. Court may order action to be continued and discharge defendant from custody, when and how...... 400 401 1384. If action dismissed, defendant to be discharged, etc.... 401 1385. Court may, of own motion or on application of district attorney, order action dismissed 401 1386. Nolle prosequi abolished....... 401 1387. Dismissal a bar in misdemeanor, but not in felony....... 401 CHAPTER IX. PROCEEDINGS AGAINST CORPORATIONS. SECTION 1390. Summons upon information, etc., against; by whom 1394. Certificate of the magistrate, and return thereof with the depositions... 402 1395. If the magistrate certify that there is sufficient cause, ERRORS AND MISTAKES IN PLEADINGS AND OTHER PROCEEDINGS. SECTION 1404. When not material.. CHAPTER XII. DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED. ... 403 SECTION 1407. When it comes into the custody of the peace officer he must hold it subject to the order of the inagistrate.... 404 1408. Order for its delivery to owner.. 404 404 1410. Court in which trial is had may order its delivery..... ... 404 treasurer.. 404 1412. Receipt by officers for money, etc., taken from a person 405 1413. Duties of persons having charge of police offices in incor porated cities or towns. 405 CHAPTER XIII. REPRIEVES, COMMUTATIONS, AND PARDONS. SECTION 1417. Power of the governor to grant reprieves, commutations, and pardons.... 405 1418. His power in respect to convictions for treason. Duty of the legislature in such cases 406 1419. Governor to communicate to the legislature reprieves, commutations, and pardons 406 1420. Report of case, how and from whom required 407 407 407 1423. When two preceding sections are not applicable 407 TITLE XI. OF PROCEEDINGS IN JUSTICES' AND POLICE COURTS AND APPEALS TO THE SUPERIOR COURT. CHAPTER I. Proceedings in justices' and police courts... II. Appeals to superior courts... CHAPTER I. PROCEEDINGS IN JUSTICES' AND POLICE Courts. 407 416 408 SECTION 1426. Proceedings must be commenced by complaint......... 1427. When warrant of arrest must issue. Form of warrant .. 409 1432. Upon change of venue, papers, etc., must be transmitted. 1435. Jury trial, when to be demanded. Formation of the jury. 411 1439. Court to decide questions of law, but not to charge in re respect to matters of fact...... 412 1440. Jury may decide in court, or retire. Oath of officer on their retirement...... 412 1441. Verdict of jury, how delivered and entered 412 1442. Verdict, when several defendants are tried together..... 413 1443. Jury, when to be discharged without a verdict 413 1444. If discharged, defendant may be tried again..... 413 1445. Proceedings on plea of guilty or on conviction.. 413 1446. Judgment of fine may direct imprisonment.. 413 SECTION 1447. Defendant, on acquittal, to be discharged. Order that prosecutor pay costs... 1448. Judgment against prosecutor for costs... 1450. When defendant may move for a new trial or in arrest of 1449. Judgment, when to be rendered.... judgment..... 1451. New trial, grounds of... 1452. Grounds of motion in arrest of judgment. 414 414 414 414 414 415 1453. Judgment to be entered in the minutes 415 1454. If judgment of acquittal or imposing a fine only, defend ant to be discharged..... 415 1455. Judgment of imprisonment, how executed........ 415 1456. Judgment that defendant be imprisoned until he pay a fine, how executed 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.... 416 416 416 417 1470. Proceedings, if appeal is dismissed or judgment affirmed. 417 1475. By whom issued, and before whom returnable.. |