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promoting, or aiding in the commission of the offense, or in abetting the parties concerned therein. En. February 14, 1872. Am'd. 1880, 11; 1905, 692.

The change consists in the substitution of the word "eighteen" for "twenty-five," after "of"; in the substitution of the word "eighteen" for "sixteen," after "of"; and in the insertion of the word "brought"' in place of "taken."-Code Commissioner's Note.

Cal. Rep. Cit. 141, 546; 141, 547.

Crim. Prac. Act, sec. 90. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Enticing away children: See ante, sec. 278.

Enticing away unmarried female: See ante, secs. 266,

267.

§ 785. Jurisdiction of an indictment for bigamy or incest. When the offense, either of bigamy or incest, is committed in one county and the defendant is apprehended in another, the jurisdiction is in either county. En. February 14, 1872.

Crim. Prac. Act, sec. 91. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 786. Property feloniously taken in one county and brought into another. When property taken in one county by burglary, robbery, larceny, or embezzlement, has been brought into another, the jurisdiction of the offense is in either county. But if at any time before the conviction of the defendant in the latter, he is indicted in the former county, the sheriff of the latter county must, upon demand, deliver him to the sheriff of the former. En. February 14,

1872.

Cal. Rep. Cit. 74, 95; 91, 27; 106, 640; 134, 386.

Crim. Prac. Act, sec. 92. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 29, 422; 40, 653.

Bringing stolen property into the state: See ante, sec. 27, subd. 2; ante, sec. 497; post, sec. 789.

§ 787. Jurisdiction for escaping from prison. The jurisdiction of a criminal action for escaping from prison is in any county of the state. En. February 14, 1872. Am'd. 1880, 11.

The words "criminal action" are here substituted for the word "indictment" in the original.

§ 788. Jurisdiction for treason committed out of the state. The jurisdiction of a criminal action for treason, when the overt act is committed out of the state, is in any county of the state. En. February 14, 1872. Am'd. 1880, 11.

Similar amendment as in last section.

§ 789. Stealing property in another state and bringing it into this state. The jurisdiction of a criminal action for stealing or embezzling, in any other state, the property of another, or receiving it knowing it to have been stolen or embezzled, and bringing the same into this state, is in any county into or through which such stolen or embezzled property has been brought. En. February 14, 1872. Am'd. 1880, 11; 1905, 693.

The change consists in the insertion of the words "or embezzling," after "stealing," and of the words "or embezzled," after the word "stolen."-Code Commissioner's Note.

Cal. Rep. Cit. 91, 27; 91, 28; 122, 74.
See ante, sec. 497.

Similar amendment as in section 787.

Crime committed by person out of state: Ante, secs. 27, subd. 2; sec. 497.

Taking stolen property from one county to another: Ante, sec. 786.

§ 790. Jurisdiction for murder, etc., where the injury was inflicted in one county, and the party dies out of that county. The jurisdiction of a criminal action for murder or manslaughter, when the injury which caused the death was inflicted in one county, and the party injured dies in another county or out of the state, is in the county where the injury was inflicted. En. February 14, 1872. Am'd. 1880, 11.

Similar amendment as in section 787.

§ 791. Of an indictment against an accessory. In the case of an accessory in the commission of a public offense, the jurisdiction is in the county where the offense of the accessory was committed, notwithstanding the principal offense was committed in another county. En. February 14,

1872.

Crim. Prae. Act, sec. 93. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 27, 341.

Accessories: See ante, secs. 30, 31, 32.

§ 792. Of principals who are not present, etc., at commission of the principal offense. The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission of the principal offense, is in the same county it would be under this code if he were so present and aiding and abetting therein. En. February 14, 1872. Am'd. 1880, 11.

Similar amendment as in section 787.

another state a bar, When an act charged

§ 793. Conviction or acquittal in where the jurisdiction is concurrent. as a public offense is within the jurisdiction of another state or country, as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefor in this state. En. February 14, 1872.

Crim. Prac. Act, sec. 94. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 794. Conviction or acquittal in another county a bar where the jurisdiction is concurrent. When an offense is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another. En. February 14, 1872.

Crim. Prac. Act, sec. 95. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 795. Jurisdiction of prize-fight. The jurisdiction of a violation of sections four hundred and twelve, four hun

dred and thirteen, and four hundred and fourteen of the Penal Code, or a conspiracy to violate either of said sections, is in any county:

First. In which any act is done toward the commission of the offense; or,

Second. Into, out of, or through which the offender passed to commit the offense; or,

Third. Where the offender is arrested. En. Stats. 18734, 466.

CHAPTER II.

OF THE TIME OF COMMENCING CRIMINAL ACTIONS.

§ 799. Prosecution for murder may be commenced at any time.

§ 800. Limitation of three years in all other felonies.

§ 801.

Limitation of one year in misdemeanors.

§ 802.

Exception when the defendant is out of the state. § 803. Indictment found, when presented and filed.

§ 799. Prosecution for murder may be commenced at any time. There is no limitation of time within which a prosecution for murder, the embezzlement of public moneys, and the falsification of public records must be commenced. Prosecution for murder may be commenced at any time after the death of the person killed, and for the embezzlement of public money or the falsification of public records, at any time after the discovery of the crime. En. February 14, 1872. Am'd. 1891, 192.

Crim. Prac. Act, sec. 96. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 44, 97.

§ 800. Limitation of three years in all other felonies. An indictment for any other felony than murder, the embezzlement of public money, or the falsification of public records, must be found, or an information filed, within three years after its commission. En. February 14, 1872. Am'd. 1880, 12; 1891, 193.

Cal. Rep. Cit. 85, 88.

Crim. Prac. Act, sec. 97. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 44, 97; 44, 99.

An in

§ 801. Limitation of one year in misdemeanors. dictment for any misdemeanor must be found or an information filed within one year after its commission. En. February 14, 1872. Am'd. 1880, 12.

Cal. Rep. Cit. 62, 142; 77, 359; 84, 80; 85, 87; 85, 88; 124, 361; 137, 268; 137, 269; 138, 535.

Crim. Prac. Act, sec. 98. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 802. Exception when the defendant is out of the state. If, when the offense is committed, the defendant is out of the state, the indictment may be found or an information filed within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of, or usually resident within this state, is part of the limitation. En. February 14, 1872. Am'd. 1880, 12.

Cal. Rep. Cit. 77, 359; 84, 80; 85, 80.

Crim. Prac. Act, sec. 99. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 803. Indictment found, when presented and filed. An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed. En. February 14, 1872.

Crim. Prac. Act, sec. 100. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 806. Complaint defined.

§ 807.

CHAPTER III.

THE INFORMATION.

Magistrate defined.

808. Who are magistrates.

§ 809. Filing information.

§ 806. Complaint defined. The complaint is the allegation in writing made to a court or magistrate that a person has been guilty of some designated offense.

ruary 14, 1872. Am'd. 1880, 12.

Cal. Rep. Cit. 65, 615.

Crim. Prac. Act, sec. 101. En. April 20, 1850.

290. En. 1851, 212.

See ante, sec. 701.

En. Feb

Rep. 1851,

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