§ 877. Form of commitment. The commitment must be to the following effect: The people of the state of California to the sheriff of the county of An order having been this day made by me, that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged. Dated this 14, 1872. Cal. Rep. Cit. 116, 507. 49, 651; 68, 578; 68, 579; 85, 364; 116, 506; Crim. Prac. Act, sec. 169. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 42, 199. § 878. Undertaking of witnesses to appear. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statements are to be sent, or that he will forfeit the sum of five hundred dollars. En. February 14, 1872. Cal. Rep. Cit. 61, 58; 84, 603; 84, 604; 131, 234. Crim. Prac. Act, sec. 170. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. When § 879. Security for the appearance of witnesses. the magistrate or a judge of the court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem proper, for his appearance as specified in the preceding section. En. February 14, 1872. Cal. Rep. Cit. 84, 604. Crim. Prac. Act, sec. 171. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1870, 787. Reducing testimony to writing: Taking deposition of witness: sec. 13; and post, sec. 882, note. See ante, sec. 869. See Const. 1879, art. I, § 880. Infants and married women may be required to give security. Infants and married women, who are material witnesses against the defendant, may be required to procure sureties for their appearance, as provided in the last section. En. February 14, 1872. Crim. Prac. Act, sec. 172. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 881. Witnesses to be committed on refusal to give security for their appearance. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legally discharged. En. February 14, 1872. Cal. Rep. Cit. 61, 59. Crim. Prac. Act. sec. 173. En. April 20, 1850. 1851, 290. En. 1851, 212. Rep. § 882. Witness unable to give security may be conditionally examined. Not applicable to prosecutor or accomplice. When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people. Such examination must be by question and answer, in the presence of the defendant, or after notice to him, if on bail, and Pen. Code-21 conducted in the same manner as the examination before a committing magistrate is required by this code to be conducted, and the witness thereupon discharged; and such deposition may be used upon the trial of the defendant, except in cases of homicide, under the same conditions as memtioned in section thirteen hundred and forty-five; but this section does not apply to an accomplice in the commission of the offense charged. En. February 14, 1872. Am'd. 1877-8, 122; 1905, 763. The change consists in the insertion of the words "and such deposition may be used upon the trial of the defendant, except in cases of homicide, under the same condition as mentioned in section 1345,'' after the word "discharged."-Code Commissioner's Note. Cal. Rep. Cit. 49, 38; 64, 86; 84, 603; 84, 604. Crim. Prac. Act, sec. 174. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 175. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Constitutional provision.—The constitution provides that "the legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses in criminal cases, other than cases of homicide, when there is reason to believe that the wit ness, from inability or other cause, will not attend at the trial": Art. I, sec. 13. § 883. Magistrate to return depositions, etc., to the court. When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the clerk of the court at which the defendant is required to appear, the warrant, if any, the depositions, and all undertakings or bail, or for the appearance of witnesses taken by him. En. February 14, 1872. Cal. Rep. Cit. 66, 664; 67, 232; 109, 449; 113, 285; 133, 333. Crim. Prac. Act, sec. 176. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. TITLE IV. OF PROCEEDINGS AFTER COMMITMENT AND BE FORE INDICTMENT. Chapter I. Preliminary Provisions, §§ 888-890. II. Formation of the Grand Jury, §§ 894-910. III. Powers and Duties of a Grand Jury, §§ 915929. IV. Presentment and Proceedings Thereon, §§ 931 937. CHAPTER I. PRELIMINARY PROVISIONS. § 888. Offenses, how prosecuted. § 889. What by accusation or information. § 890. Indictments and accusations, in what court found. § 888. Offenses, how prosecuted. All public offenses triable in the superior courts must be prosecuted by indictment or information, except as provided in the next section. En. February 14, 1872. Am'd. 1880, 12. Cal. Rep. Cit. 57, 561; 59, 245; 85, 88; 111, 239; 111, 240; 145, 37. Crim. Prac. Act, sec. 177. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 158. § 889. What by accusation or information. When the proceedings are had for the removal of district, county, municipal, or township officers, they may be commenced by an accusation or information, in writing, as provided in sections seven hundred and fifty-eight and seven hundred and seventy-two. En. February 14, 1872. Cal. Rep. Cit. 59, 245; 97, 382; 111, 239; 111, 240; 111, 242; 145, 37. Crim. Prac. Act, sec. 178. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 890. Indictments and accusations, in what court found. All accusations, informations, or indictments against dis trict, county, municipal, and township officers, must be En. February 14, 1872. found or filed in the superior court. Am'd. 1880, 34. Crim. Prac. Act, sec. 179. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 158. § 893. [No such section.] Crim. Prac. Act, sec. 180. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. CHAPTER II. FORMATION OF THE GRAND JURY. § 894. Who may challenge the panel or an individual juror. Cause of challenge to a panel. § 895. § 896. Cause of challenge to an individual grand juror. § 897. § 898. Manner of taking and trying challenges. § 899. Effect of allowing a challenge to a panel. § 900. Effect of allowing a challenge to an individual juror. § 901. Objections can only be taken by challenge. 902. Appointment of a foreman. § 906. Retirement of the grand jury. Discharge of. § 907. Special grand jury. 908. Order for special grand jury. § 909. Order, how executed. § 910. Special grand jury, how formed. § 894. Who may challenge the panel or an individual juror. The people, or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual juror. En. February 14, 1872. Crim. Prac. Act, sec. 181. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1854, 80. See as to formation of grand jury: Code Civ. Proc., secs. 241 et seq. § 895. Cause of challenge to a panel. A challenge to the panel may be interposed for one or more of the following causes only: |