Branches of judiciary-Each branch has its functions, and each is beyond the control of the other-5 Cal. 43; id. 239; and the Legislature cannot confer on one court the functions of another-5 id. 230; but see 30 id. 580. The only case is where the court cannot afford the relief sought-8 Cal. 26; id. 34; id. 520; 9 id. 607; but two or more courts may have concurrent jurisdiction over samé parties and subject-matter-30 id. 580. The judgment of court which first acquires jurisdiction cannot be interfered with-21 Cal. 438.

Inferior courts.-The Municipal Criminal Court of San Francisco is a constitutional court-39 Cal. 5Î7; 41 id. 129; 52 id. 220.

Justices of peace.-Their jurisdiction is exclusive as to misdemeanors, where no indictment is found-53 Cal. 412. They may punish for contempt-47 Cal. 131. They are inferior courts, in favor of whose jurisdiction nothing can be assumed-55 Cal. 217: 12 Cal. 283: 23 Cal. 401; 33 Cal. 318: 34 Cal. 321.

City Criminal Court of San Francisco.-Is a court of record-52 Cal. 222.

Police Court of San Francisco.-Intendments in favor of its judg ments in certain cases-43 Cal. 457. It possesses the same powers and jurisdiction as is or may be conferred by law upon justices of the peace-47 Cal. 127. It is an inferior court, and everything should appear in its proceedings to give it jurisdiction and justify its judgment -5 Cranch, 174; 55 Cal. 216; criticising-45 Cal. 455. Jurisdictional facts must be set forth on the records-34 Cal. 321.

Art. VI, § 4. The Supreme Court shall have appellate jurisdiction * * * in all criminal cases prosecuted by indictment or information, in a court of record, on questions of law alone. * * * Each of the justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any Superior Court in the State, or before any judge thereof.

Appellate jurisdiction.-The Supreme Court has no jurisdiction in criminal cases of a less degree than felony-5 Cal. 295; 7 id. 140; id. 166; 9 id. 85; 16 id. 187; 20 id. 117; 2. id. 459; 30 id. 98; 31 id. 565; 53 id. 427. It has no jurisdiction in a criminal case involving validity of a tax-30 Cal. 98. It has jurisdiction on appeal on questions of law alone-55 Cal. 185.

Habeas corpus.-52 Cal. 220.

* * *

Art. VI, § 5. The Superior Courts shall have original jurisdiction in all criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for. * * * They shall have appellate jurisdiction in such cases arising in justices' and other inferior courts, in their respective counties, as may be prescribed by law. * Said courts, and their judges. shall have power to

issue writs of habeas corpus, on petition by, or on behalf of any person in actual custody, in their respective counties. Original jurisdiction.-District Courts (Superior Courts) have jurisdiction of actions to prevent extortion-45 Cal. 200. They have jurisciction to order accused to answer a criminal charge-51 Cal. 376; and whether such order is erroneous or irregular, cannot be considered on habeas corpus-id.; 35 id. 100; 52 id. 220. Superior Courts, as successors of District Courts, can enforce the judgment rendered by the latter courts-54 Cal. 184. See Const. Cal. art. xxii, § 3. They have jurisdiction on habeas corpus, and all process necessary to enforcement of their judgments after affirmation on appeal-54 Cal. 344; 43 id. 457. A judge In one district may hold court in another district-1 Cal. 380; 2 id. 107. County Courts (Superior Courts) are courts of general criminal jurisdiction-27 Cal. 65. This section confers appellate jurisdiction on Superior Courts, when mode and means of appeal are provided-41 Caf. 129. The jurisdiction of County Courts extends to inquiries by intervention of grand juries-53 Cal. 412.

Adjournment.-By the Act of March 1st, 1864, a district judge may adjourn a general term in one county over an intervening term in another county; and the Act of 1863, p. 333, was intended to prevent the loss of a term, if the judge did not appear on the day appointed-42 Cal. 20.

Art. VI, § 19. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Instructions.-Court may instruct jury that testimony tends to prove the matter-49 Cal. 560; may state evidence and declare law, but not express opinion ou weight of evidence-17 id. 166; 18 id. 376; 22 id. 213; 24 id. 505; 27 id. 509; 34 id. 663: 36 id. 255. It should not instruct on con troverted facts-51 Cal. 588; or charge that the existence of a fact raises a presumption of existence of another fact-51 Cal. 603; 52 id. 315; 54 id. 63; 51 id. 589.

Art. XX, § 2. Any citizen of this State who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this State or out of it, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this Constitution.

Disfranchisement is not a cruel personal punishment within the inhibition of the Constitution-3 Smith, Pa. 112. See 28 Ind. 393.

Art. XX, § 10. Every person shall be disqualified from holding any office of profit in this State who shall have been convicted of having given or offered a bribe to procure his election or appointment.

AN ACT TO ESTABLISH A PENAL CODE.

[Approved February 14th, 1872.1

The People of the State of California, represented in Senate and Assembly, do enact as follows:

TITLE OF THE ACT.

1. This Act shall be known as THE PENAL CODE OF CALIFORNIA, and is divided into Three Parts, as follows:

I-OF CRIMES AND PUNISHMENTS.

II-OF CRIMINAL PROCEDURE.

III-OF THE STATE PRISON AND COUNTY JAILS.

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Effect of Code upon past offenses.

§ 7.

Certain terms defined in the senses in which they are used in

this Code.

Civil remedies preserved.

§ 10. Proceedings to impeach or remove officers and others preserved.

§ 11. Authority of courts-martial preserved.

§ 12.

punish for contempts.

Courts of justice to

Of sections declaring crimes punishable. Duty of court.

§ 13. Punishments, how determined.

Witness' testimony may be read against him on prosecution for perjury.

§ 14.

§ 15.

§ 16.

Crimes, how divided.

"Crime" and "public offense" defined.

§ 17. Felony and misdemeanor defined.

§ 18. Punishment of felony, when not otherwise prescribed.

§ 19. Punishment of misdemeanor, when not otherwise prescribed.

§ 20. To constitute crime there must be unity of act and intent.

§ 21. Intent, how manifested, and who considered of sound mind.

§ 22. Drunkenness no excuse for crime. When it may be considered. § 23. Certain statutes specified as continuing in force.

§ 24. This act, how cited.

2. This Code takes effect at twelve o'clock, noon, on the first day of January, eighteen hundred and seventy. three.

3. No part of it is retroactive, unless expressly so declared.

Construction.- The Code is not retrospective, unless so expressed-4 Cal. 136; 2 Wall. 328; 2 Cranch, 272; id. 358; 3 id. 399; 2 Gall. 139; id. 204; 1 Bay, 179; 1 Blackf. 220; 4 Const. S. C. 384; 1 Ala. 226; 6 Johns. 101; 7 id. 474; 3 Me. 326; 11 Mass. 396; 3 N. H. 473; 4 id. 19; 6 id. 109; 4 Serg. & R. 401; 13 id. 256. It is competent in the Legislature to make a statute retroact-1 Cal. 65; 39 id. 309. So, as to acts concerning appeals-28 Cal. 320.

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