of judgment or for a new trial; in which case the Court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial.

If no cause

1202. (§ 458.) If no sufficient cause is alleged or appears to the Court why judgment should not be pro- judgment nounced, it must thereupon be rendered.

NOTE.-After sentence, but before the judgment is signed, it may be amended by shortening the time.People vs. Thompson, 4 Cal., p. 238. If the indictment charges more than one offense in separate counts, and the verdict is general, the presumption will be that the Judge who tried the case pronounced judgment for the offense to which the evidence was directed.-People vs. Shotwell, 27 Cal., p. 394. A judgment that the defendant be imprisoned for a specified term, "to commence at the expiration of previous sentences," is valid.-People vs. Forbes, 22 Cal., p. 135. So, too, is a judgment "that the defendant be imprisoned in the State Prison for the term of three years from the date of his incarceration."-People vs. King, 28 Cal., p. 265. Or that the defendant "be imprisoned four years from the time of his delivery to the Warden," etc.People vs. Hughes, 29 Cal., p. 257. An error which will render a judgment voidable only is the want of adherence to some prescribed mode of proceeding in conducting the action or defense. An error which renders a judgment void is such an illegality as is contrary to the principles of law as distinguished from rules of procedure.-Ex Parte Gibson, 31 Cal., p. 619. A judgment upon a conviction of misdemeanor which adjudges the defendant to be imprisoned in the State Prison, is void. Ex Parte Cha, 40 Cal., p. 426. Judgments of. inferior criminal Courts are not required to be in a different form from those of like Courts of general jurisdiction.-People vs. Forbes, 22 Cal., p. 135.

1203. After a plea or verdict of guilty, where a discretion is conferred upon the Court as to the extent of the punishment, the Court, upon the oral suggestion of either party that there are circumstances which may be properly taken into view either in aggravation or mitigation of the punishment, may, in its discretion,

shown, to be pronounced.

Court may inquire cumstances toot

summarily

into cir

in aggrayation or mitigation of punish

ment."

Clu

Proof of

former con-
viction or
of facts,
etc., in

etc., how
made.

hear the same summarily, at a specified time, and upon such notice to the adverse party as it may direct.

NOTE.-The provisions of this and the succeeding section are intended to regulate the practice in relation to the subject embraced therein, and sufficiently explain themselves. They also perform another office. A violation of either section is punished as a misdemeanor (Sec. 166, Subd. 8, of this Code), and thereby all extra judicial influences prevented.

1204. The circumstances must be presented by the testimony of witnesses examined in open Court, mitigation, except that when a witness is so sick or infirm as to be unable to attend, his deposition may be taken by a magistrate of the county, out of Court, upon such notice to the adverse party as the Court may direct. No affidavit or testimony, or representation of any kind, verbal or written, can be offered to or received by the Court, or a Judge thereof, in aggravation or mitigation of the punishment, except as provided in this and the preceding section.

Duration of imprisonment on

judgment

NOTE.-See note to preceding section, and also Sec. 166 of this Code.

1205. (§ 460.) A. judgment that the defendant pay a fine may also direct that he be imprisoned until to pay a fine the fine is satisfied, specifying the extent of the impris onment, which cannot exceed one day for every two dollars of the fine.

Judgment
to pay a
fine consti-

tutes a lien.

Entry of judgment and judgment roll.

NOTE.-Stats. 1857, p. 164, Sec. 1. People vs. Markham, 7 Cal., p. 208; Ex Parte Kelly, 28 Cal., p. 414. The prisoner is entitled to a credit of two dollars for each day he may remain in prison, and may at any time pay the sum remaining due and claim his discharge.-Ex Parte Kelly, 28 Cal., p. 414.

1206. (§ 461.) A judgment that the defendant pay a fine constitutes a lien, in like manner as a judgment for money rendered in a civil action.

1207. (§ 462.) When judgment upon a conviction is rendered, the Clerk must enter the same upon the

minutes, stating briefly the offense for which the con- Same. viction was had, and the fact of a prior conviction (if one), and must within five days annex together and file the following papers, which constitute a record of

the action:

1. A copy of the minutes of a challenge interposed by the defendant to the panel of the Grand Jury, or to an individual Grand Juror, and the proceedings and decision thereon;

2. The indictment and a copy of the minutes of the plea or demurrer;

3. A copy of the minutes of a challenge interposed to the panel of the trial jury or to an individual juror, and the proceedings and decision thereon;

4. A copy of the minutes of the trial;

5. A copy of the minutes of the judgment; 6. The bill of exceptions, if there be one;

7. The written charges asked of the Court, and refused, if there be any;

8. A copy of all charges given and of the indorse

ments thereon.

NOTE.-FORM OF JUDGMENT.-The judgment entered in the minutes is sufficient, if it states of what offense the defendant was finally convicted and the penalty imposed. It need not recite the facts contained in the other papers constituting the record in the action.-In Re Edward Ring, 28 Cal., p. 247. The judgment is not void because it does not state the offense of which the prisoner was convicted, if it shows that he was indicted for some offense and tried and convicted, and that the sentence passed on him was one which the Court had jurisdiction to pronounce for some offense of which he might have been convicted under the indictment. Ex Parte Gibson, 31 Cal., p. 619. Under Section 462 of the old Criminal Practice Act, the charges given by the Court did not form part of the judgment roll.-People vs. Hart, October Term, 1872.

Authority for the exe

cution of a

judgment,

other than

of death..

CHAPTER II.

THE EXECUTION.

SECTION 1213. Authority for the execution of a judgment, other than of death.

1214. If for fine alone, execution to issue as in civil cases. 1215. Judgment of fine and imprisonment, by whom and how executed.

1216. Duty of Sheriff on receiving copy of judgment of imprisonment.

1217. Warrant of execution upon judgment of death. Time of execution.

1218. Judge to transmit statement of conviction and testi

mony to Governor.

1219. Governor may require opinion of Justices of Supreme Court, etc., thereon.

1220. Judgment of death, when suspended. .

1221. If reason to suppose defendant insane, jury to inquire
into it; how and by whom ordered.

1222. Duty of District Attorney upon inquisition.
1223. Inquisition, how certified and filed.

1224. Proceedings upon finding of jury.

1225. Proceedings when female is supposed to be pregnant.

1226. Proceedings upon the finding of the jury.

1227. Proceedings when judgment of death remaining in

force has not been executed.

1228. Punishment of death, how inflicted.

1229. Execution, where to take place and who to be present. 1230. Return upon death warrant.

1213. (§ 463.) When a judgment, other than of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution.

NOTE. No other authority for the detention of a prisoner is required than a certified copy of the judgment rendered against him.-In Re Brown, 32 Cal., p. 48; In Re Ring, 28 Cal., p. 247; Ex Parte Gibson, 31 Cal., p. 619. A commitment which does not contain a copy of the judgment entered in the minutes, but merely recites the history of the action and the proceedings therein, is not sufficient authority for the detention of a prisoner.-Ex Parte Dobson, 31 Cal., p. 497; Ex Parte Gibson, 31 Cal., p. 619.

a fine

1214. (§ 464.) If the judgment is for alone, execution may be issued thereon as on a judg

ment in a civil action.

NOTE.-Stats. 1851, p. 212; see, also, Sec. 1206 of this Code.

If for fine cution to

alone, exe

issue as in civil cases.

of fine and

imprison

ment, by

1215. (§ 465.) If the judgment is for imprison- Judgment ment, or a fine, and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer, and by him detained until the executed. judgment is complied with.

NOTE.-See Sec. 1205 of this Code, and note.

whom and

how

Sheriff on

copy of

of imprisonment.

1216. If the judgment is for imprisonment in the Duty of State Prison, the Sheriff of the county must, upon receiving receipt of a certified copy thereof, take and deliver judgment the defendant to the Warden of the State Prison. He must also deliver to the Warden the certified copy of the judgment, and take from the Warden a receipt for the defendant.

NOTE.-Stats. 1856, p. 226, Sec. 2; see note to Sec. 1213 of this Code.

1217. (§ 466.) When judgment of death is rendered, a warrant, signed by the Judge, and attested by the Clerk under the seal of the Court, must be drawn and delivered to the Sheriff. It must state the conviction and judgment, and appoint a day on which the judgment is to be executed, which must not be less than thirty nor more than sixty days from the time of judgment.

NOTE. The practice of designating, in a judgment of death, a day for carrying it into effect, is not in keeping with this provision. The day should be designated in the warrant, but not in the judgment.-People vs. Bonilla, 38 Cal., p. 699; People vs. Murphy, April Term, 1872. If the judgment of death be not executed on the day appointed, it is competent for the Court rendering the judgment to appoint another day for carrying it into execution.-People vs. Bonilla, 38 Cal., p. 699.

Warrant of upon judg death.

execution

ment of

Time of

execution.