is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term. [Pen. Code.] Execution of judgment other than death. SEC. 1213. 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. [Pen. Code.] Authority for detention: 32 Cal. 48. Commitment should contain certified copy of judgment as entered in minutes; otherwise it is insufficient: 31 Cal. 497. In the absence of stay, the clerk must forthwith deliver to sheriff commitment to state's prison and sheriff must thereupon deliver prisoner to warden, and is not warranted in surrendering him to jailer in county jail for term before delivery to warden: 135 Cal. 339. See 71 Cal. 241. B. DEATH PENALTY. Duty of sheriff on receiving copy of judgment of imprisonment. SEC. 1216. If the judgment is for imprisonment in the state prison, the sheriff of the county must, upon receipt of a certified copy thereof, take and deliver 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. [Pen. Code.] Warrant of execution upon judgment of death. SEC. 1217. 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 sixty nor more than ninety days from the time of judgment, and must direct the sheriff to deliver the defendant, within ten days from the time of judgment, to the warden of one of the state prisons of this state, for execution, such prison to be designated in the warrant. [Pen. Code.] Imprisonment in the penitentiary pending execution is not an imposition of double punishment such as would be cruel and unusual, nor is the law providing therefor ex post facto: 119 Cal. 201. Judge to transmit statement of conviction and testimony to governor. SEC. 1218. The judge of the court at which a conviction requiring judgment of death is had, must, immediately after the conviction, transmit to the governor, by mail or otherwise, a statement of the conviction and judgment, and of the testimony given at the trial. [Pen. Code.] Governor may require opinion of justices of supreme court, etc., thereon. SEC. 1219. The governor may thereupon require the opinion of the justices of the supreme court and of the attorney general, or any of them, upon the statement so furnished. [Pen. Code.] Judgment of death, when suspended. SEC. 1220. No judge, court, or officer, other than the gov ernor, can suspend the execution of a judgment of death, except the warden of the state prison to whom he is delivered for execution, as provided in the six succeeding sections, unless an appeal is taken. [Pen. Code.] Petition to the circuit or district court of the United States for a writ of habeas corpus on behalf of the prisoner in the state prison under sentence of death, presenting a federal question or an appeal to the supreme court of the United States from an order further remanding the petitioner or refusing him arrest stays further proceedings by the state courts and state authorities, and by operation of section 766 of the United States Revised Statutes such further proceedings until the determination of the appeal, are null and void: 119 Cal. 123. If defendant is insane; procedure. SEC. 1221. If after his delivery to the warden for execution, there is good reason to believe that a defendant, under judgment of death, has become insane, the warden must call such fact to the attention of the district attorney of the county in which the prison is situated, whose duty it is to immediately file in the superior court of such county a petition, stating the conviction and judgment, and the fact that the defendant is believed to be insane, and asking that the question of his sanity be inquired into. Thereupon the court must at once cause to be summoned and impaneled, from the regular jury list of the county, a jury of twelve persons to hear such inquiry. [Pen. Code.] See Pen. Code, sec. 1369. Duty of district attorney to attend inquisition. SEC. 1222. The district attorney must attend the hearing, and may produce witnesses before the jury, for which purpose he may issue process in the same manner as for witnesses to attend before the grand jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the court. [Pen. Code.] Hearing, how certified and filed. SEC. 1223. The verdict of the jury must be entered upon the minutes, and thereupon the court must make and cause to be entered an order reciting the fact of such inquiry and the result thereof, and when it is found that the defendant is insane, the order must direct that he be taken to one of the state hospitals for the insane, and there kept in safe confinement until his reason is restored. [Pen. Code.] Proceedings upon finding of Jury. SEC. 1224. If it is found that the defendant is sane, the warden must proceed to execute the judgment as specified in the warrant; if it is found that the defendant is insane, the warden must suspend the execution, and transmit a certified copy of the order mentioned in the last section to the governor, and deliver the defendant, together with a certified copy of such order, to the medical superintendent of the hospital named in such order. When the defendant recovers his reason, the superintendent of such hospital must certify that fact to the governor, who must thereupon issue to the warden his warrant, appointing a day for the execution of the judgment. [Pen. Code.] Proceedings when female is supposed to be pregnant. SEC. 1225. If there is good reason to believe that a female against whom a judgment of death is rendered is pregnant, such proceedings must be had as provided in section twelve hundred and twenty-one except that instead of a jury, as therein provided, the court may summon three disinterested physicians, of good standing in their profession, to inquire into the supposed pregnancy, who shall, in the presence of the court, but with closed doors, if requested by the defendant, examine the defendant and hear any evidence that may be produced, and make a written finding and certificate of their conclusion, to be approved by the court and spread upon the minutes. The provisions of STANFORD LIBRARIES section twelve hundred and twenty-two apply to the proceedings upon such inquiry. [Pen. Code.] Proceedings upon the finding of the jury. SEC. 1226. If it is found that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant, the warden must suspend the execution of the judg ment, and transmit a certified copy of the finding and certificate to the governor. When the governor receives from the warden a certificate that the defendant is no longer pregnant, he must issue to the warden his warrant appointing a day for the execution of the judgment. [Pen. Code.] Proceedings when judgment of death remaining in force has not been executed. SEC. 1227. If for any reason a judgment of death has not been executed, and it remains in force, the court in which the conviction is had, on the application of the district attorney of the county in which the conviction is had, must order the defendant to be brought before it, or if he is at large, a warrant for his apprehension may be issued. Upon the defendant being brought before the court, it must inquire into the facts, and if no legal reasons exist against the execution of the judgment, must make an order that the warden of the state prison to whom the sheriff is directed to deliver the defendant and shall execute the judgment at a specified time. The warden must execute the judgment accordingly. From an order directing and fixing the time for the execution of a judgment as herein provided, there is no appeal. [Pen. Code.] Warrant of death becomes functus officio after lapse of of time in which is directed defendant to be executed and order must be then made under this section after defendant is brought before the court, expressly requiring the warden to execute judgment at specified time: 151 Cal. 500. The facts to be inquired into relate exclusively as to whether there be any legal reason against the execution such as a pardon or commutation of sentence: 119 Cal. 207. Punishment of death, how inflicted. SEC. 1228. The punishment of death must be inflicted by hanging the defendant by the neck until he is dead. [Pen. Code.] Execution, where to take place, and who to be present. SEC. 1229. A judgment of death must be executed within the walls of one of the state prisons designated by the court by S en pris which judgment is rendered. The warden of the state prison where the execution is to take place must be present at the execution, and must invite the presence of a physician, the attorney general of the state, and at least twelve reputable citizens, to be selected by him; and he shall, at the request of the defendant, permit such ministers of the gospel, not exceeding two, as the defendant may name, and any persons, relatives, or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient, to witness the execution. But no other persons than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness the same. [Pen. Code.] Return upon death warrants. SEC. 1230. After the execution, the warden must make a return upon the death warrant to the court by which the judgment was rendered, showing the time, mode, and manner in which it was executed. [Pen. Code.] C. DISCHARGE. Release of prisoners and restoration to citizenship. SEC. 1579. The governor, at the expiration of the term for which any prisoner has been sentenced, less the number of days allowed and credited to him, must order the release of such prisoner, by an order under his hand, addressed to the warden of the prison in which he has been confined, in such mode and form as he may deem proper, and with or without restoration to citizenship, according to his discretion, and if he order the release of such prisoner without restoration to citizenship, he may at any time thereafter, in his discretion, make a further order restoring to citizenship the prisoner so released. [Pen. Code.] Credits-For credits in general see monographic note in 34 L. R. A. 509-12. For credits to United States prisoners, see under that heading, page 94. Credits for good behavior. * Every convict who shall have no infraction of the rules and regulations of the prison, or laws of the state, recorded against him, and who performs in a faithful, |