PRELIMINARY PROVISIONS.

§ 681. No person punishable but on legal conviction. 682. Public offenses, how prosecuted.

683.

Criminal action defined.

684. Parties to a criminal action.

685. The party prosecuted known as defendant.

686. Rights of defendant in a criminal action.

687. Second prosecution for the same offense prohibited.

688. No person to be a witness against himself in a criminal action, or to be unnecessarily restrained.

§ 689. No person to be convicted but upon verdict or judgment.

§ 681. No person punishable but on legal conviction. No person can be punished for a public offense, except upon a legal conviction in a court having jurisdiction thereof. En. February 14, 1872.

Cal. Rep. Cit. 68, 180.

Crim. Prac. Act, sec. 6. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Constitutional guaranty: Const. Cal., art. I, sec. 13.

Conviction of public offense, how may be had: See post, sec. 689.

§ 682. Public offenses, how prosecuted. Every public offense must be prosecuted by indictment or information, except:

1. Where proceedings are had for the removal of civil officers of the state;

2. Offenses arising in the militia when in actual service, and in the land and naval forces in time of war, or which the state may keep, with the consent of congress, in time of peace;

3. Offenses tried in justices and police courts. En. February 14, 1872. Am'd. 1880, 10.

Cal. Rep. Cit. 53, 413; 57, 561; 108, 663; 109, 450; 111, 240; 145, 37.

Crim. Prac. Act, sec. 7. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Prosecution: See Const. Cal., art. I, secs. 8, 13.

Courts-martial: See Pol. Code, secs. 2076-2084.

(265)

§ 683. Criminal action defined. The proceedings by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action. En. February 14, 1872.

Crim. Prac. Act, sec. 8. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 684.

Parties to a criminal action. A criminal action is prosecuted in the name of the people of the state of California, as a party, against the person charged with the offense. En. February 14, 1872.

Cal. Rep. Cit. 61, 58; 111, 241.

Crim. Prac. Act, sec. 9. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 685. The party prosecuted known as defendant. The party prosecuted in a criminal action is designated in this code as the defendant. En. February 14, 1872.

Crim. Prac. Act, sec. 10. En. April, 20, 1850. Rep. 1851, 1851, 290. En. 1851, 212.

§ 686. Rights of defendant in a criminal action. criminal action the defendant is entitled:

1. To a speedy and public trial.

In a

2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel.

3. To produce witnesses on his behalf, and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate, and the testimony taken down by question and answer in the of the defendant, who has, either in person or presence by counsel, cross-examined or had an opportunity to crossexamine the witness; or where the testimony of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the

like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the state. En. February 14, 1872.

Cal. Rep. Cit. 50, 96; 54, 577; 55, 464; 57, 568; 61, 477; 64, 86; 66, 102; 66, 676; 66, 677; 73, 207; 85, 427; 99, 233; 100, 5; 105, 656; 106, 650; 108, 444; 111, 88; 116, 254; 138, 578; 143, 380; 143, 382; 143, 386; 143, 576; 143, 577; 143, 578. Subd. 3-98, 131; 98, 132; 116, 251; 121, 498; 126, 381; 132, 263.

Crim. Prac. Act, sec. 11. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

See Const. Cal., art. I, sec. 13.

Depositions as evidence: Post, secs. 869, 1345, 1362.

§ 687. Second prosecution for the same offense prohibited. No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted. En. February 14, 1872.

Cal. Rep. Cit. 79, 430; 99, 231; 114, 57; 132, 501; 138, 484; 138, 485; 146, 315.

Crim. Prac. Act. sec. 12. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

See Const. Cal., art. I, sec. 13; U. S. Const. Amend. 5. Dismissal no bar: See sec. 999.

§ 688. No person to be a witness against himself in a Criminal action, or to be unnecessarily restrained. No person can be compelled, in a criminal action, to be a witness against himself; nor can a person charged with a public offense, be subjected, before conviction, to any more re

straint than is necessary for his detention to answer the charge. En. February 14, 1872.

Cal. Rep. Cit. 64, 340; 73, 443.

Crim. Prac. Act, sec. 13. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 42, 167; 42, 169; 48, 23.

§ 689. No person to be convicted but upon verdict or judgment. No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon judgment against him upon a demurrer in the case mentioned in section one thousand and eleven, or upon a judgment of a court, a jury having been waived, in a criminal case not amounting to felony. En. February 14, 1872. Am'd. 1880, 4.

Cal. Rep. Cit. 64, 341; 66, 677; 68, 180; 68, 181; 68, 183; 100, 5.

Crim. Prac. Act, sec. 14. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 158.

Cal. Rep. Cit. 4, 403; 14, 145.

TITLE I.

OF THE PREVENTION OF PUBLIC OFFENSES.

Chapter I. Of Lawful Resistance, §§ 692-694.

II. Of the Intervention of the Officers of Justice, §§ 697, 698.

III. Security to Keep the Peace, §§ 701-714.

IV. Police in Cities and Towns, and Their Attendance at Exposed Places, §§ 719, 720.

V. Suppression of Riots, §§ 723-734.

CHAPTER I.

OF LAWFUL RESISTANCE.

§ 692. Lawful resistance, by whom made.

693. By the party, in what cases and to what extent.

§ 694. By other parties, in what cases.

§ 692. Lawful resistance, by whom made. Lawful resistance to the commission of a public offense may be made:

1. By the party about to be injured;

2. By other parties. En. February 14, 1872.

Crim. Prac. Act, sec. 15.

En. April 20, 1850. Rep. 1851,

Personal rights: See Civ. Code, secs. 43-50.

§ 693. By the party, in what cases and to what extent. Resistance sufficient to prevent the offense may be made by the party about to be injured:

1. To prevent an offense against his person, or his family, or some member thereof.

2. To prevent an illegal attempt by force to take or injure property in his lawful possession. En. February 14, 1872.

Crim. Prac. Act, sec. 16. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 694. By other parties, in what cases. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. En. February 14, 1872.

Crim. Prac. Act, sec. 17. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

CHAPTER II.

OF THE INTERVENTION OF THE OFFICERS OF JUSTICE.

§ 697. Intervention of officers, in what cases.

§ 698. Persons acting in their aid justified.

§ 697. Intervention of officers, in what cases. Public offenses may be prevented by the intervention of the officers of justice:

1. By requiring security to keep the peace;

2. By forming a police in cities and towns, and by requiring their attendance in exposed places;

3. By suppressing riots. En. February 14, 1872.

Crim. Prac. Act, sec. 18.

280. En. 1851, 212.

En. April 20, 1850. Rep. 1851,