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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

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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...

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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,

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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

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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

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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
1371. If defendant is committed, it exonerates his bail, etc..... 398
1372. Defendant detained in asylum until he becomes sane.

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
thereon to bar another prosecution.......

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

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1394. Certificate of the magistrate, and return thereof with the

depositions...

402

1395. If the magistrate certify that there is sufficient cause,

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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..
1409. When it comes into the custody of the magistrate he
must deliver it to owner.

404

404

1410. Court in which trial is had may order its delivery.....
1411. If not claimed in six months to be delivered to county

... 404

treasurer..

404

1412. Receipt by officers for money, etc., taken from a person
arrested for a public offense..

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
1421. Notice to district attorney of application for pardon
1422. Publication of notice..

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

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1432. Upon change of venue, papers, etc., must be transmitted.

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1435. Jury trial, when to be demanded. Formation of the jury. 411

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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

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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

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1475. By whom issued, and before whom returnable..

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