CHAPTER VIII. DISMISSAL OF THE ACTION BEFORE OR AFTER INDICTMENT, SECTION 1382. When action may be dismissed. 1383. Court may order action to be continued and discharge 1384. If action dismissed, defendant to be discharged, etc. 1386. Nolle prosequi abolished. 1387. Dismissal a bar in misdemeanor, but not in felony. action may be 1382. (§§ 593, 594.) The Court, unless good cause When to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases: 1. When a person has been held to answer for a public offense, if an indictment is not found against him at the next term of the Court at which he is held to answer; 2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial at the next term of the Court in which the indictment is triable, after it is found. dismissed. order continued and discharge defendant from 1383. (§ 595.) If the defendant is not indicted or Court may tried, as provided in the last section, and sufficient rea- action to be son therefor is shown, the Court may order the action to be continued from term to term, and in the meantime may discharge the defendant from custody on his own undertaking of bail for his appearance to answer the charge at the time to which the action is continued. custody, when and how. dismissed, to be etc.. 1384. (§ 596.) If the Court directs the action to If action be dismissed, the defendant must, if in custody, be defendant discharged therefrom; or if admitted to bail, his bail discharged, is exonerated, or money deposited instead of bail must be refunded to him. Court may, of own motion or on 1385. (§ 597.) The Court may, either of its own motion or upon the application of the District Attorney, and in furtherance of justice, order an action or indictment to be dismissed. The reasons of the disdismissed. missal must be set forth in an order entered upon the minutes. application of District Attorney. order action Nolle prosequi 1386. (§ 598.) The entry of a nolle prosequi is abolished. abolished, and neither the Attorney General nor the District Attorney can discontinue or abandon a prosecution for a public offense, except as provided in the last section. Dismissal a bar in mis 1387. (§ 599.) An order for the dismissal of the demeanor, action, as provided in this Chapter, is a bar to any other prosecution for the same offense, if it is a misdemeanor; but it is not a bar if the offense is a felony. but not in felony. Summons upon informa tion, etc., CHAPTER IX. PROCEEDINGS AGAINST CORPORATIONS. SECTION 1390. Summons upon information, etc., against; by whom issued and when returnable. 1391. Form of summons. 1392. When and how served. 1393. Examination of the charge. 1394. Certificate of the magistrate, and return thereof with the depositions. 1395. If the magistrate certify that there is sufficient cause, Grand Jury to investigate, etc. 1396. Appearance and plea. 1397. Fine on conviction, how collected. 1390. Upon an information or presentment against a corporation, the magistrate must issue a summons, against; by signed by him, with his name of office, requiring the whom issued and when returnable corporation to appear before him, at a specified time and place, to answer the charge, the time to be not less than ten days after the issuing of the summons. 1391. The summons must be substantially in the Form of following form: COUNTY OF (as the case may be). The People of the State of California to the (naming the corporation): You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer a charge made against you upon the information of A. B. (or the presentment of the Grand Jury of the county, as the case may be), for (designating the offense generally). Dated at the City (or Township) of, this — day of eighteen G. H., Justice of the Peace (or as the case may be). summons. how served 1392. The summons must be served at least five When and days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the President or other head of the corporation, or to the Secretary, Cashier, or managing agent thereof. 1393. At the appointed time in the summons, the magistrate must proceed to investigate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable. Examin ation of the charge. of the and return thereof 1394. After hearing the proofs, the magistrate Certificate must certify upon the depositions, either that there is magistrate, or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the deposition and certificate, as prescribed in Section 883. with the depositions. If the magistrate certify that 1395. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the Grand Jury may cause, proceed thereon as in case of a natural person held to answer. there is sufficient Grand Jury to investigate, etc. ance and 1396. If an indictment is found, the corporation Appearmay appear by counsel to answer the same. If it does plea. Fine on conviction, how ollected. not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases. 1397. When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it, by the Sheriff of the county, out of its real and personal property, in the same manner as upon an execution in a civil action. NOTE. This Code makes no distinction between natural persons and corporations, in respect to the manner of commencing criminal actions; they must all be commenced alike, either by an information before a magistrate or by presentment of a Grand Jury, etc. But from the nature of things, a different mode must be provided for bringing the case of a corporation defendant before the magistrate or Grand Jury, and for their appearance and plea; hence this Chapter. valid. CHAPTER X. ENTITLING AFFIDAVITS. SECTION 1401. Affidavits defectively entitled, valid. Affidavits 1401. (§ 600.) It is not necessary to entitle an defectively entitled, affidavit or deposition in the action, whether taken before or after indictment, or upon an appeal; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer to the proceeding, indictment, or appeal in which it is made. When not material. CHAPTER XI. ERRORS AND MISTAKES IN PLEADINGS AND OTHER PRO CEEDINGS. SECTION 1404. When not material. 1404. (§ 601.) Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right. CHAPTER XII. DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED. SECTION 1407. When it comes into the custody of the peace officer he must hold it subject to the order of the magistrate. 1408. Order for its delivery to owner. 1409. When it comes into the custody of the magistrate he 1410. Court in which trial is had may order its delivery. Treasurer. 1412. Receipt by officers for money, etc., taken from a person arrested for a public offense. 1413. Duties of persons having charge of police offices in a 1407. (§ 602.) When property, alleged to have been stolen or embezzled, comes into the custody of peace officer, he must hold it subject to the order of the magistrate authorized by the next section to direct the disposal thereof. 1408. (§ 603.) On satisfactory proof of the ownership of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling it, must order it to be delivered to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property. 1409. (§ 604.) If property stolen or embezzled comes into custody of the magistrate, it must be delivered to the owner on satisfactory proof of his title, |