entered by the clerk in the minutes. Am'd. 1880, 25; 1905, 697. En. February 14, 1872. The change consists in the addition of the words "when determined, the order must be immediately entered by the clerk in the minutes," after "judgment," and is designed to conform this section to the present practice.-Code Commissioner's Note. Cal. Rep. Cit. 48, 252; 49, 390; 56, 535; 58, 225; 71, 389; 71, 392; 77, 33; 82, 621; 90, 199; 98, 128; 103, 428; 103, 677; 122, 143; 127, 549; 131, 250; 145, 503. Crim. Prac. Act, sec. 442. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 27, 401; 27, 402; 29, 262; 37, 279. Crim. Prac. Act, sec. 444. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Indictment, sufficiency of: See ante, sec. 960. Grounds of demurrer to indictment or information: See ante, sec. 1004. § 1186. Court may arrest judgment without motion. The court may also, of its own motion, arrest the judgment for any of the defects mentioned in the last section, by an order for that purpose entered upon its minutes. En. February 14, 1872. Am'd. 1905, 698.. See note to section 1185.-Code Commissioner's Note. Crim. Prac. Act, sec. 443. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 31, 626; 44, 34. § 1187. Effect of arresting judgment. The effect of an order arresting the judgment is to place the defendant in the same situation in which he was before the indictment was found or information filed. En. February 14, 1872. Am'd. 1880, 25; 1905, 698. The purpose of this amendment is to give the same effect to an order of the court made on its own motion under section 1186 as section 1187 now gives to an order made on motion of the defendant.-Code Commissioner's Note. Cal. Rep. Cit. 73, 406; 74, 98. Crim. Prac. Act, sec. 445. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 44, 34. § 1188. Defendant, when to be held or discharged. If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment or information can be framed upon which he may be convicted, the court may order him to be recommitted to the officer of the proper county, or admitted to bail anew, to answer the new indictment or information. If the evidence shows him guilty of another offense, he must be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution. But if no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged; or if admitted to bail, his bail is exonerated; or if money has been deposited instead of bail, it must be refunded to the defendant; and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment or information was founded. February 14, 1872. Am'd. 1880, 25. Cal. Rep. Cit. 64, 263; 74, 98; 109, 296; 132, 16. En. Crim. Prac. Act, sec. 446. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 44, 34. Discharge of defendant: See post, sec. 1485. TITLE VIII. OF JUDGMENT AND EXECUTION. Chapter I. The Judgment, §§ 1191-1207. CHAPTER I. THE JUDGMENT. § 1191. Appointing time for judgment. 1192. Upon plea of guilty, court must determine degree. 1193. Presence of defendant. § 1194. § 1195. Defendant in custody, how brought for judgment, Form of bench-warrant. § 1196. 1197. § 1198. Warrant, how served. § 1199. Arrest of defendant. § 1200. Arraignment of defendant for judgment. § 1201. § 1202. § 1203. 1204. What causes may be shown against the judgment. Circumstances in aggravation or mitigation of punishment. Proof of former conviction, etc., in mitigation, how made. § 1205. Duration of imprisonment on judgment to pay a fine. § 1206. Judgment to pay a fine constitutes a lien. § 1207. Entry of judgment. § 1191. Appointing time for judgment. After a plea or verdict of guilty, or after a verdict against the defendant on the plea of a former conviction or acquittal, if the judgment is not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict. February 14, 1872. Am'd. 1873-4, 449; 1905, 763. En. The change consists in the omission of the words "if the court intend to remain in session so long; but if not, then at as remote a time as can reasonably be allowed," after "verdict," because the courts are always open.-Code Commissioner's Note. Cal. Rep. Cit. 46, 96; 65, 174; 79, 632; 88, 174; 88, 177. Crim. Prac. Act, sec. 447. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 45, 164. Crim. Prac. Act, sec. 448. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1192. Upon plea of guilty, court must determine degree. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree. En. February 14, 1872. Cal. Rep. Cit. 49, 178; 52, 453; 52, 454; 52, 455; 67, 114; 73, 582; 137, 646; 141, 551; 141, 552. § 1193. Presence of defendant. For the purpose of judgment, if the conviction is for felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence. En. February 14, 1872. Cal. Rep. Cit. 68, 180; 79, 632. Crim. Prac. Act, sec. 449. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 37, 279; 42, 168. Verdict in defendant's presence: See ante, sec. 1148. § 1194. Defendant in custody, how brought for judgment. When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so. En. February 14, 1872. Crim. Prac. Act, sec. 450. En. April 20, 1850. Rep. 1851, En. 1851, 212. 290. § 1195. How brought before the court when on bail. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addition to the forfeiture of the undertaking of bail, or of the money deposited, may direct the clerk to issue a bench-warrant for his arrest. En. February 14, 1872. Cal. Rep. Cit. 68, 180. Crim. Prac. Act, sec. 451. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1196. Bench-warrant to issue. The clerk, on the ap plication of the district attorney, may, at any time after the order, whether the court be sitting or not, issue a bench-warrant into one or more counties. En. February 14, 1872. Crim. Prac. Act, sec. 452. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. The bench-warrant must § 1197. Form of bench-warrant. be substantially in the following form: County of The people of the state of California, to any sheriff, constable, marshal, or policeman in this state: A. B., having been on the A. D. eighteen hundred and day of duly convicted in the superior court of the county of of the crime of (designating it generally), you are therefore commanded forthwith to arrest the above named A. B., and bring him before that court for judgment. Given under my hand, with the seal of said court affixed, this A. D. eighteen hundred and By order of the court. [Seal.] E. F., clerk. En. February 14, 1872. Am'd. 1880, 34. day of Cal. Rep. Cit. 68, 180. Crim. Prac. Act, sec. 453. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 161. § 1198. Warrant, how served. The bench-warrant may be served in any county in the same manner as a warrant of arrest, except that when served in another county it need not be indorsed by a magistrate of that county. En. February 14, 1872. Crim. Prac. Act, sec. 455. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1199. Arrest of defendant. Whether the bench-warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court, or commit him to the officer mentione in En. Febthe warrant, according to the command thereof. ruary 14, 1872. Crim. Prac. Act, sec. 455. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. When § 1200. Arraignment of defendant for judgment. the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the nature of the charge against him and of his plea, and the |