§ 684. Parties to a criminal action. A criminal action is prosecuted in the name of the people of the state of California, as a party, against the person charged with the offense. Legislation § 684. Enacted February 14, 1872 (N. Y. Code Crim. Proc., 86); based on Crim. Prac. Act, Stats. 1851, p. 213, § 9. § 685. The party prosecuted known as defendant. The party prosecuted in a criminal action is designated in this code as the defendant. Legislation § 685. Enacted February 14, 1872 (N. Y. Code Crim. Proc., 87); based on Crim Prac. Act, Stats. 1851, p. 213, § 10. § 686. Rights of defendant in criminal action. In a criminal action the defendant is entitled:` 1. To a speedy and public trial. 2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel. 3. To produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, crossexamined or had an opportunity to cross-examine the witness; or where the testimony of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the state; and except also that in the case of offenses hereafter committed the testimony on behalf of the people or the defendant of a witness deceased, insane, out of jurisdiction, or who cannot, with due diligence, be found within the state, given on a former trial of the action in the presence of the defendant who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, may be admitted. [Amendment approved 1911; Stats. 1911, p. 364.] Constitutional provisions: See Const., art. i, § 13. Dismissal if defendant not brought to trial within sixty days: See post, § 1382. Legislation § 686. 1. Enacted February 14, 1872 (N.. Y. Code Crim. Proc., §8); based on Crim. Prac. Act, Stats. 1851, p. 213, § 11, and then read: "In a criminal action the defendant is entitled: "1. To a speedy and public trial. "2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel. "3. To produce witnesses on his behalf, and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness; or where the testimony of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the state." 2. Amended by Stats. 1911, p. 364. § 687. Second prosecution for the same offense prohibited. No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted. Constitutional provisions: See Const., art. i, § 13; U. S. Const., Amdt. 5. Dismissal no bar: See post, § 999. Legislation § 687. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 9); based on Crim. Prac. Act, Stats. 1851, p. 213, § 12, which read: "§ 12. No person shall be subject to a second prosecution for a public offense, for which he has once been prosecuted and duly convicted or acquitted." § 688. No person to be a witness against himself in a criminal action, or to be unnecessarily restrained. No person can be compelled, in a criminal action, to be a witness against himself; nor can a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge. Defendant offering himself as witness, examination of: See post, § 1323. Defendant cannot be compelled to be witness against himself: See post, § 1323. Legislation § 688. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 10); based on Crim. Prac. Act, Stats. 1851, p. 213, § 13, which read: "§ 13. No person shall be compelled in a criminal action to be a witness against himself, nor shall a person charged with a public offense be subjected before conviction to any more restraint than is necessary for his detention to answer the charge." § 689. No person to be convicted but upon verdict or judgment. No person can be convicted of a public offense Pen. Code-26 unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon judgment against him upon a demurrer in the case mentioned in section one thousand and eleven, or upon a judgment of a court, a jury having been waived in a criminal case not amounting to felony. [Amendment approved 1880; Code Amdts. 1880, p. 4.] Legislation § 689. 1. Enacted February 14, 1872; based on Crim. - Prac. Act, Stats. 1851, p. 213, § 14, which read: "§ 14. No person can be convicted of a public offense, unless by a verdict of a jury accepted and recorded by the court, or upon a plea of guilty, or upon a judgment against him upon a demurrer to the indictment in the case, mentioned in section two hundred and sixty-six." When enacted in 1872, the latter part of § 689 read, "or upon judgment against him upon a demurrer to the indictment in the case mentioned in section 1011, or upon a judgment of a police or justice's court, a jury having been waived." 2. Amended by Code Amdts. 1880, p. 4. TITLE I. Prevention of Public Offenses. Chapter I. Lawful Resistance. §§ 692-694. II. III. IV. Intervention of the Officers of Justice. §§ 697, 698. Police in Cities and Towns, and Their Attendance at Ex- V. Suppression of Riots. §§ 723-734. § 693. § 694. By the party, in what cases and to what extent. § 692. Lawful resistance, by whom made. Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured; 2. By other parties. Personal rights: See Civ. Code, §§ 43-54. Legislation § 692. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 79); in exact language of Crim. Prac. Act, Stats. 1851, p. 213, $ 15. § 693. By the party, in what cases and to what extent. Resistance sufficient to prevent the offense may be made by the party about to be injured: 1. To prevent an offense against his person, or his family, or some member thereof. 2. To prevent an illegal attempt by force to take or injure property in his lawful possession. Legislation § 693. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 80); in language almost identical with that of Crim. Prac. Act, Stats. 1851, p. 213, § 16. § 694. By other parties, in what cases. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. Legislation § 694. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 81); in exact language of Crim. Prac. Act, Stats. 1851, p. 214, § 17. CHAPTER II. Intervention of the Officers of Justice. § 697. Intervention of officers, in what cases. § 697. Intervention of officers, in what cases. Public offenses may be prevented by the intervention of the officers of justice: 1. By requiring security to keep the peace; 2. By forming a police in cities and towns, and by.requir ing their attendance in exposed places; 3. By suppressing riots. Subd. 1. Security to keep the peace: See post, §§ 701–714. Subd. 2. Police force: See post, §§ 719, 720. Officers authorized to preserve peace: Post, § 720. Subd. 3. Suppression of riots: See post, §§ 723-734. Legislation § 697. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 82); in exact language of Crim. Prac. Act, Stats. 1851, p. 214, § 18. § 698. Persons acting in their aid justified. When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in so doing. Legislation § 698. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 83); in language almost identical with that of Crim. Prac. Act, Stats. 1851, p. 214, § 19. CHAPTER III. Security to Keep the Peace. Information of threatened offense. § 701. § 702. § 703. Proceedings on charges being controverted. § 708. § 709. Person committed for not giving security, how discharged. § 710. Security, when required for assault committed in the presence of a court or magistrate. $711. Undertaking, when broken. § 712. Undertaking, when and how prosecuted. § 713. Evidence of breach. § 714. Security for the peace not required, except in accordance with this chapter. § 701. Information of threatened offense. An information may be laid before any of the magistrates mentioned in section eight hundred and eight, that a person has threat |