of not less than ten days, that he appear before the District Court of the county, at its next term, and answer the accusation. The original accusation must then be filed with the Clerk of the District Court. ings if does not 761. (§ 73.) The defendant must appear at the Proceedtime appointed in the notice and answer the accusa- defendant tion, unless for some sufficient cause the Court assign appear. another day for that purpose. If he does not appear, the Court may proceed to hear and determine the accusation in his absence. may object deny the 762. (§ 74.) The defendant may answer the accu- Defendant sation either by objecting to the sufficiency thereof, to or or of any article therein, or by denying the truth of accusation. the same. objection. 763. (§ 75.) If he objects to the legal sufficiency Form of of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. denial. 764. (§ 76.) If he denies the truth of the accusa- Manner of tion, the denial may be oral and without oath, and must be entered upon the minutes. objections 765. (§ 77.) If an objection to the sufficiency of If the accusation is not sustained, the defendant must overruled. answer thereto forthwith. 766. (§ 78.) If the defendant pleads guilty, or refuses to answer the accusation, the Court must render judgment of conviction against him. If he denies the matters charged, the Court must immediately, or at such time as it may appoint, proceed to try the accusation. defendant must answer. Proceedplea of guilty. refusal to ings upon answer, or denial. jury. 767. (§ 79.) The trial must be by a jury, and con- Trial by ducted in all respects in the same manner as the trial of an indictment for a misdemeanor. State and defendant entitled to process for witnesses. Judgment upon and its form. 768. ($80.) The District Attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an indictment. 769. (§ 81.) Upon a conviction, the Court must, conviction, at such time as it may appoint, pronounce judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, and the causes of removal must be assigned therein. Appeal, how taken. Pending appeal, defendant to be suspended and vacancy filled. Proceedings for the removal of a District Attorney. Removal of public summary proceedings before District Courts. NOTE.-Stats. 1863, p. 158. 770. (§ 82.) From a judgment of removal an appeal may be taken to the Supreme Court, in the same manner as from a judgment in a civil action;. but until such judgment is reversed the defendant is suspended from his office. Pending the appeal, the office must be filled as in case of a vacancy. 771. (§ 83.) The same proceedings may be had on like grounds for the removal of a District Attorney, except that the accusation must be delivered by the foreman of the Grand Jury to the Clerk, and by him to the District Judge of the district, who must thereupon appoint some one to act as prosecuting officer in the matter, or place the accusation in the hands of the District Attorney of an adjoining county, and require him to conduct the proceedings. NOTE. This Chapter is based on the Stats. of 1851, p. 212, et seq; and 1863, p. 158. 772. When an information in writing verified by officers by the oath of any person, is presented to a District Court, alleging that any officer within the jurisdiction of the Court has been guilty of charging and collecting illegal fees for services rendered or to be rendered in his office, or has refused or neglected to perform the official duties pertaining to his office, the Court must cite the party charged to appear before the Court at a time not more than ten nor less than five days from the time the information was presented, and on that day or some other subsequent day, not more than twenty days from that on which the information was presented, must proceed to hear, in a summary manner, the information and evidence offered in support of the same, and the answer and evidence offered by the party informed against; and if on such hearing it appears that the charge is sustained, the Court must enter a decree that the party informed. against be deprived of his office, and must enter a judgment for five hundred dollars in favor of the informer, and such costs as are allowed in civil cases. NOTE.-Stats. 1853, p. 40, Sec. 4. TITLE III. OF THE PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY INDICTMENT, TO THE COMMITMENT, INCLUSIVE. CHAPTER I. Of the local jurisdiction of public offenses. II. Of the time of commencing criminal actions. III. The information. IV. The warrant of arrest. V. Arrest, by whom and how made. VI. Retaking after an escape or rescue. VII. Examination of the case and discharge of defendant, or holding him to answer. 35 Jurisdic tion of offenses committed in this State. CHAPTER I. OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES. SECTION 777. Jurisdiction of offenses committed in this State. 778. When the offense is commenced without, but consummated within this State. 779. When an inhabitant of this State is concerned in a duel out of the same, and a party wounded dies therein. 780. When an inhabitant leaves the State to evade the statute against dueling or challenges to fight. 781. When an offense is committed partly in one county and .partly in another. 782. When committed on the boundary, etc., of two or more counties. 783. Jurisdiction of an offense on board a vessel. 784. Of indictment for kidnapping, enticing away a child, or abduction. 785. Jurisdiction of an indictment for bigamy or incest. brought into another. 787. Jurisdiction of indictment for escaping from prison. 788. Jurisdiction of an indictment for treason, when the overt act is committed out of the State. 789. Jurisdiction of an indictment for stealing, etc., property out of this State and bringing it therein. 790. Jurisdiction of an indictment for murder, etc., where the injury was inflicted in one county, and the party dies out of that county. 791. Of an indictment against an accessory. 792. Jurisdiction in cases of principals who are not present, etc., at commission of the principal offense. 793. Conviction or acquittal in another State a bar, where the jurisdiction is concurrent. 794. Conviction or acquittal in another county a bar, where the jurisdiction is concurrent. 777. (§ 84.) Every person is liable to punishment by the laws of this State, for a public offense committed by him therein, except where it is by law cognizable exclusively in the Courts of the United States. NOTE. Of jurisdiction in the State Courts, and the concurrent jurisdiction of the State and Federal Courts, and the distinction existing between them, see Code of Civil Procedure Cal., Sec. 33, and notes. Jurisdiction of the person is that obtained by the appearance of the defendant before the tribunal.-Bouv. Law Dict., Vol. 778. (§ 85.) When the commission of a public offense, commenced without the State, is consummated within its boundaries, the defendant is liable to punish ment therefor in this State, though he was out of the State at the time of the commission of the offense charged. If he consummated it in this State, through the intervention of an innocent or guilty agent, or any other means proceeding directly from himself, in such case the jurisdiction is in the county in which the offense is consummated. NOTE.-See Adams vs. The People, 1 Comst., p. 173. This principle has been much discussed and many doubts expressed as to its propriety, but it was finally settled in the case above cited; reported also in 3 Denio, p. 190. When the com offense is menced without but consummated within this State. |