Crim. Prac. Act, sec. 504. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 39, 104; 41, 210. § 1265. Jurisdiction ceases after judgment remitted. After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect must be made by the court to which the certificate is remitted. En. February 14, 1872. Crim. Prac. Act, sec. 506. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 39, 104; 41, 211. TITLE X. MISCELLANEOUS PROCEEDINGS. Chapter I. Bail, §§ 1268-1317. II. Who may be Witnesses in Criminal Actions, §§ 1321-1323. III. Compelling the Attendance of Witnesses, 88 1326-1333. IV. Examination 1335-1346. of Witnesses Conditionally, 88 V. Examination of Witnesses on Commission, 88 1349-1362. VI. Inquiry into the Insanity of the Defendant Before Trial or After Conviction, §§ 1367-1373. VII. Compromising Certain Public Offenses by Leave of the Court, §§ 1377-1379. VIII. Dismissal of the Action, Before or After Indict- IX. Proceedings Against Corporations, §§ 1390-1397. XI. Errors and Mistakes in Pleadings and Other XII. Disposal of Property Stolen or Embezzled, §§ XIII. Reprieves, Commutations, and Pardons, §§ 1417 1423. CHAPTER I. BAIL. Article I. In What Cases the Defendant may be Admitted to Bail, §§ 1268-1274. II. Bail upon being Held to Answer before Indictment, §§ 1277-1281. III. Bail upon an Indictment before Conviction, §§ 1284-1289. IV. Bail on Appeal, §§ 1291-1292. V. Deposit Instead of Bail, §§ 1295-1297. VI. Surrender of the Defendant, §§ 1300-1302. VII. Forfeiture of the Undertaking of Bail or of the Deposit of VIII. Recommitment of the Defendant after Having Given Bail ARTICLE I. IN WHAT CASES THE DEFENDANT MAY BE ADMITTED TO BAIL. § 1268. Admission to bail defined. § 1269. 1270. Taking of bail defined. Offense not bailable. Defendant when admitted to bail before conviction. 1272. When admitted to bail after conviction and upon appeal. § 1271. § 1273. 1274. Nature of bail. When bail is matter of discretion, notice of application must be given to district attorney. § 1268. Admission to bail defined. Admission to bail is the order of a competent court or magistrate that the defendant be discharged from actual custody upon bail. En. February 14, 1872. Cal. Rep. Cit. 54, 103. Crim. Prac. Act, sec. 507. En. April 20, 1850. Rep. 1851, En. 1851, 212. 290. Bail, where taken: See ante, sec. 822; post, sec. 1284. § 1269. Taking of bail defined. The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. En. February 14, 1872. Crim. Prac. Act, sec. 508. 290. En. 1851, 212. Cal. Rep. Cit. 19, 681. En. April 20, 1850. Rep. 1851, Excessive bail.-Excessive bail shall not be required: Cal. Const., art. I, sec. 6; U. S. Const., Amendment 8. § 1270. Offense not bailable. A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumptions to be drawn therefrom. En. February 14, 1872. Cal. Rep. Cit. 68, 177; 85, 365; 92, 189. Crim. Prac. Act, sec. 510. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1866, 418. Cal. Rep. Cit. 19, 542. Constitutional provision.-All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great Art. I, sec. 6. § 1271. Defendant when admitted to bail before conviction. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right. En. February 14, 1872. Cal. Rep. Cit. 54, 103; 68, 177; 68, 178; 68, 180; 68, 182; 68, 183; 92, 189. Crim. Prac. Act, sec. 509. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 151. Cal. Rep. Cit. 19, 542. § 1272. When admitted to bail after conviction and upon appeal. After conviction of an offense not punishable with death, a defendant who has appealed may be admitted to bail: 1. As a matter of right, when the appeal is from a judgment imposing a fine only. 2. As a matter of discretion in all other cases. En. February 14, 1872. Cal. Rep. Cit. 48, 552; 49, 681; 62, 491; 68, 177; 68, 178; 290. Cal. Rep. Cit. 41, 30. § 1273. Nature of bail. If the offense is bailable, the defendant may be admitted to bail before conviction: First-For his appearance before the magistrate, on the examination of the charge, before being held to answer. Second-To appear at the court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination. Third-After indictment, either before the bench-warrant is issued for his arrest, or upon any order of the court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the court in which it is found, or to which it may be transferred for trial. And after conviction, and upon an appeal: First-If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate court may direct, if the judgment is affirmed or modified, or the appeal is dismissed. Second-If judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed, or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will appear in the court to which said cause may be remanded, and submit himself to the orders and process thereof. En. February 14, 1872. Am'd. 1875-6, 116. Cal. Rep. Cit. 54, 103. Crim. Prac. Act, sec. 513. 290. n. 1851, 212. Crim. Prac. Act, sec. 514. 290. En. 1851, 212. Cal. Rep. Cit. 20, 529. En. April 20, 1850. Rep. 1851, En. April 20, 1850. Rep. 1851, § 1274. When bail is matter of discretion, notice of application must be given to district attorney. When the admission to bail is a matter of discretion, the court or officer to whom the application is made must require reasonable notice thereof to be given to the district attorney of the county. En. February 14, 1872. Crim. Prac. Act, sec. 511. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Pen. Code-29 |