trial. [Amendment approved 1880; Code Amdts. 1880, p. 14.] Legislation § 964. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 289); in substance the same as Crim. Prac. Act, Stats. 1851, p. 239, § 251. 2. Amended by Code Amdts. 1880, p. 14, inserting "or information" after "indictment" in both instances. § 965. Pleading in indictment or information for forgery, where instrument has been destroyed or withheld by defendant. When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or the procurement of the defendant, and the fact of such destruction or withholding is alleged in the indictment, or information, and established on the trial, the misdescription of the instrument is immaterial. [Amendment approved 1880; Code Amdts. 1880, p. 14.] Legislation § 965. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 290); in substance the same as Crim. Prac. Act, Stats. 1851, p. 239. § 252. 2. Amended by Code Amdts. 1880, p. 14, inserting "or information" after "indictment" in both instances. § 966. Pleading in an indictment or information for perjury or subornation of perjury. In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court and before whom the oath alleged to be false was taken, and that the court, or the person before whom it was taken, had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed. [Amendment approved 1880; Code Amdts. 1880, p. 14.] Perjury and subornation of perjury: See ante, §§ 118, 127. Legislation § 966. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 291); in substance the same as Crim. Prac. Act, Stats. 1851, p. 239, § 253. 2. Amended by Code Amdts. 1880, p. 14, inserting "or information" after "indictment" in both instances. § 967. Pleading in indictment or information for larceny or embezzlement. In an indictment or information for the larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof. [Amendment ap proved 1880; Code Amdts. 1880, p. 15.] Pleading: See ante, §§ 954, 958. Legislation § 967. 1. Enacted February 14, 1872, and then read: "967. In an indictment for the larceny or embezzlement of money, bank notes, shares of stock, or valuable securities, it is sufficient to allege the larceny or embezzlement to be of money, bank notes, shares of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof." 2. Amended by Code Amdts. 1873-74, p. 438, differing from the amendment of 1880 (the present section), (1) not having the words "or information" after "In an indictment," and (2) having "cheat and defraud” instead of "cheat or defraud” in first instance. 3. Amended by Code Amdts. 1880, p. 15. § 968. Pleading in an indictment or information for selling, etc., lewd and obscene books. An indictment or information for exhibiting, publishing, passing, selling, or offering to sell, or having in possession, with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper, or writing; but it is sufficient to state generally the fact of the lewdness or obscenity thereof. [Amendment approved 1880; Code Amdts. 1880, p. 15.] Legislation § 968. 1. Enacted February 14, 1872. 2. Amended by Code Amdts. 1880, p. 15, inserting "or information" after "indictment." § 969. Previous conviction of another offense. In charging in an indictment or information the fact of a previous conviction of felony, or of an attempt to commit an offense which, if perpetrated, would have been a felony, or of petit larceny, it is sufficient to state, "That the defendant, before the commission of the offense charged in this indictment or information, was in (giving the title of the court in which the conviction was had) convicted of a felony (or attempt, etc., or of petit larceny)." If more than one previous conviction is charged, the date of the judgment upon each conviction must be stated, but not more than two previous convictions must be charged in any one indictment or information. Legislation § 969. 1. Enacted February 14, 1872, the section then consisting of the first sentence of the present section, but not hav ing the words "or information" after "indictment" in either in stance. Pen. Code-31 2. Amended by Code Amdts. 1873-74, p. 438, adding a second sentence, reading, "If more than one previous conviction be charged in the indictment, the date of the judgment upon each conviction shall be stated, and not more than two previous convictions shall be charged in any one indictment." 3. Repealed by Code Amdts. 1880, p. 15. 4. Re-enactment by Stats. 1901, p. 485; unconstitutional. See note, § 5, ante. 5. Re-enacted by Stats. 1905, p. 772; the code commissioner saying, "This is a re-enactment of the section as it existed prior to its repeal in 1880. It is believed that no good reason for such repeal existed." § 970. Indictment against several, one or more may be acquitted. Upon an indictment or information against several defendants, any one or more may be convicted or acquitted. [Amendment approved 1880; Code Amdts. 1880, p. 15.] Legislation § 970. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 292); in exact language of Crim. Prac. Act, Stats. 1851, p. 240, § 254. 2. Amended by Code Amdts. 1880, p. 15, inserting "or information" after "Upon an indictment." § 971. Distinction between accessory before the fact and principal abrogated. The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the of fense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals, and no other facts need be alleged in any indictment or information against such an accessory than are required in an indictment or information against his principal. [Amendment approved 1880; Code Amdts. 1880, p. 15.] Legislation § 971. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 240. § 255, which read: "§ 255. No distinction shall exist between an accessory before the fact and a principal, or between principals in the first and second degree, in cases of felony, and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be indicted, tried, and punished as principals." When enacted in 1872, § 971 read: "971. The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated, and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be indicted, tried, and punished as principals." 2. Amended by Code Amdts. 1873-74, p. 438, the final words of the section then reading, "shall hereafter be indicted, tried, and punished as principals, and no additional facts need be alleged in any indictment against such an accessory than are required in an indictment against his principal." 3. Amended by Code Amdts. 1880, p. 15. § 972. Accessory may be indicted and tried though principal has not been. An accessory to the commission of a felony may be prosecuted, tried, and punished, though the principal may be neither prosecuted nor tried, and though the principal may have been acquitted. [Amendment approved 1880; Code Amdts. 1880, p. 15.] Legislation § 972. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 240, § 256, which read: "§ 256. An accessory after the fact to a commission of a felony, may be indicted and punished, though the principal felon may be neither tried nor indicted." When enacted in 1872, § 972 read: "972. An accessory to the commission of a felony may be indicted, tried, and punished, though the principal may be neither indicted nor tried." 2. Amended by Code Amdts. 1873-74, p. 439, adding at end of section, "and though the principal may have been acquitted." 3. Amended by Code Amdts. 1880, p. 15, substituting "prosecuted" for "indicted" in both instances. TITLE VI. Pleadings and Proceedings After Indictment and Before the Commencement of the Trial. Chapter I. Arraignment of the Defendant. §§ 976-990. II. Setting Aside the Indictment. §§ 995-999. V. Transmission of Certain Indictments from the County Court to the District Court or Municipal Criminal Court of San Francisco. §§ 1028–1030. VI. VII. Removal of the Action Before Trial. §§ 1033-1038. The Mode of Trial. §§ 1041-1043. VIII. Formation of the Trial Jury and the Calendar of Issues for Trial. §§ 1046-1049. IX. Postponement of the Trial. §§ 1052, 1053. CHAPTER I. Arraignment of the Defendant. § 976. Defendant must be arraigned in the court where indictment or information was found. § 977. Defendant when to be present at arraignment. § 978. § 979. If in custody, to be brought before court. If discharged on bail, bench-warrant to issue. § 980. Bench-warrant, by whom and how issued. § 981. Form of bench-warrant. § 982. 983. Directions in the bench-warrant if the offense is bailable. § 984. Proceeding on giving bail in another county. § 985. Ordering defendant into custody or increasing bail when indictment is for felony. § 986. § 987. § 988. Defendant, if present when order made, to be committed; if not, bench-warrant to issue. Defendant, on arraignment, to be informed of his right to counsel. When court to assign counsel. Arraignment of defendant. § 989. Proceedings on arraignment when defendant is not indicted by his true name. § 990. Time allowed and how defendant may answer on arraignment. § 976. Defendant must be arraigned in the court where indictment or information was found. When the indictment or information is filed, the defendant must be arraigned thereon before the court in which it is filed, unless the cause is transferred to some other county for trial. [Amendment approved 1880; Code Amdts. 1880, p. 15.] Forfeiture of bail: See post, §§ 1305 et seq. Legislation § 976. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 296); based on Crim. Prae. Act, Stats. 1851, p. 240, $258, which read: "§ 258. When the indictment is filed the defendant shall be arraigned thereon, before the court in which it is |