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whatever; and the same objections may be taken to a question in the interrogatories or to an answer in the deposition, as if the witness had been examined orally in court. En. February 14, 1872.

CHAPTER VI.

INQUIRY INTO THE INSANITY OF THE DEFENDANT BEFORE TRIAL OR AFTER CONVICTION.

1367. Insane person cannot be tried, or punished.

§ 1368.

§ 1369. 1370. 1371. 1372.

Doubt as to sanity of defendant; examination of, before jury:
stay of proceedings.

Trial of the question of insanity. Charge of the court.
Verdict of the jury as to sanity, and proceedings thereon.
If defendant is committed, it exonerates his bail, etc.
Defendant detained in asylum until he becomes sane.

§ 1373. Expenses of sending,

against county.

etc., defendant to hospital, a charge

§ 1367. Insane person cannot be tried, or punished. A person cannot be tried, adjudged to punishment, or punished for a public offense, while he is insane. En. February 14, 1872.

Cal. Rep. Cit. 105, 340; 106, 56; 126, 427; 126, 616; 129, 331; 129, 332; 142, 338.

Crim. Prac. Act, sec. 583. En. April 20, 1850. Rep. 1851, En. 1851, 212.

290.

Cal. Rep. Cit. 31, 579.

Acquittal on the ground of insanity: Ante, sec. 1167.

§ 1368. Doubt as to sanity of defendant; examination of, before jury; stay of proceedings. If at any time during the pendency of an action up to and including the time when defendant is brought up for judgment on conviction a doubt arises as to the sanity of the defendant, the court must order the question as to his sanity to be submitted to a jury; and the trial or the pronouncing of the judgment must be suspended until the question is determined by their verdict, and the trial jury may be discharged or retained, according to the discretion of the court, during the pendency of the issue of insanity. En. February 14, 1872. Am'd. 1873-4, 452; 1880, 28; 1905, 222.

Cal. Rep. Cit. 67, 380; 85, 301; 85, 302; 85, 303; 105, 340; 106, 51; 116, 441; 126, 426; 126, 427; 126, 616; 132, 305; 138, 379.

Crim. Prac. Act, sec. 584. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 31, 580.

Crim. Prac. Act, sec. 585.

En. April 20, 1850. Rep. 1851,

290. En. 1851, 212.

Insanity as a defense generally: Ante, sec. 26.

Order of trial: Ante, sec. 1369.

Acquittal on the ground of insanity: See ante, sec.

1167.

§ 1369. Trial of the question of insanity. Charge of the court. The trial of the question of insanity must proceed in the following order:

1. The counsel for the defendant must open the case, and offer evidence in support of the allegation of insanity; 2. The counsel for the people may then open their case, and offer evidence in support thereof;

3. The parties may then respectively offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original cause;

4. When the evidence is concluded, unless the case is submitted to the jury on either or both sides without argument, the counsel for the people must commence, and the defendant or his counsel may conclude the argument to the jury;

5. If the indictment be for an offense punishable with death, two counsel on each side may argue the cause to the jury, in which case they must do so alternately. In other cases, the argument may be restricted to one counsel on each side;

6. The court must then charge the jury, stating to them all matters of law necessary for their information in giving their verdict. En. February 14, 1872.

Cal. Rep. Cit. 105, 340; 126, 426; 126, 616.

Crim. Prac. Act, sec. 586.

290. En. 1851, 212.

Crim. Prac. Act, sec. 587.

290. En. 1851, 212.

En. April 20, 1850. Rep. 1851,

En. April 20, 1850. Rep. 1851,

§ 1370. Verdict of the jury as to sanity, and proceedings thereon. If the jury finds the defendant sane, the trial

must proceed, or judgment be pronounced, as the case may be. If the jury finds the defendant insane, the trial or judgment must be suspended until he becomes sane, and the court must order that he be in the meantime committed by the sheriff to a state hospital for the care and treatment of the insane, and that upon his becoming sane he be redelivered to the sheriff. En. February 14, 1872. Am'd. 1873

4, 453; 1880, 29; 1905, 704.

The change consists in the substitution of the words "a state hospital for the care and treatment of the insare," in the place of "insane asylum."-Code Commissioner's Note.

Cal. Rep. Cit. 126, 617; 129, 331; 138, 380.

Crim. Prac. Act, sec. 588.

290. En. 1851, 212.

En. April 20, 1850.

Rep. 1851,

Crim. Prac. Act, sec. 589. En. April 20, 1850. Rep. 1851, 290. En. 151, 212.

Cal. Rep. Cit. 31, 580.

Insane defendant, redelivery to sheriff on discharge from asylum: See Pol. Code, sec. 2189.

§ 1371. If defendant is committed, it exonerates his bail, etc. The commitment of the defendant, as mentioned in the last section, exonerates his bail, or entitles a person, authorized to receive the property of the defendant, to a return of any money he may have deposited instead of bail. En. February 14, 1872.

Crim. Prac. Act, sec. 590. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1372. Defendant detained in hospital until he becomes sane. If the defendant is received into the state hospital he must be detained there until he becomes sane. When he becomes sane, the superintendent must certify that fact to the sheriff and district attorney of the couny. The sheriff must thereupon, without delay, bring the defendant from the state hospital, and place him in proper custody until he is brought to trial or judgment, as the case may be, or is legally discharged. En. February 14, 1872. Am'd. 1905,

704.

The change consists in the substitution of the words "state hospital" for asylum."-Code Commissioner's Note.

Cal. Rep. Cit. 126, 616; 126, 617; 129, 331; 129, 332.

Crim. Prac. Act, sec. 591. En. April 20, 1850. Rep. 1851, En. 1851, 212.

290.

Cal. Rep. Cit. 31, 581.

§ 1373. Expenses of sending, etc., defendant to hospital, a charge against county. The expenses of sending the defendant to the state hospital, of keeping him there, and of bringing him back, are in the first instance chargeable to the county in which the indictment was found, or information filed; but the county may recover them from the estate of the defendant, if he has any, or from a relative, town, city, or county bound to provide for and maintain him. En. February 14, 1872. Am'd. 1880, 29; 1905, 704.

The change consists in the substitution of the words "state hospital" for "asylum."-Code Commissioner's Note.

Cal. Rep. Cit. 126, 616; 129, 331; 138, 380; 138, 381; 138, 382; 138, 383.

Crim. Prac. Act, sec. 592. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

CHAPTER VII.

COMPROMISING CERTAIN PUBLIC OFFENSES BY LEAVE OF THE COURT.

1377. Compromise of offenses for which civil action may be had. 1378. Compromise by permission of the court bars another prosecution.

§ 1379. No public offense to be compromised except.

§ 1377. Compromise of offenses for which civil action may be had. When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in the next section, except when it is committed:

1. By or upon an officer of justice, while in the execution of the duties of his office.

2. Riotously.

3. With an intent to commit a felony. En. February 14, 1872.

Crim. Prac. Act, sec. 675. En. April 20, 1850. Rep. 1851, En. 1851, 212.

290.

§ 1378. Compromise by permission of the court bars another prosecution. If the party injured appears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its dis

cretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense. En. February 14, 1872.

Crim. Prac. Act, sec. 676. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Crim. Prac. Act, sec. 677. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Restoration of property embezzled, ground for mitigation of punishment: Ante, sec. 513.

§ 1379. No public offense to be compromised except. No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this chapter. En. February 14, 1872.

Crim. Prac. Act, sec. 678. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

CHAPTER VIII.

DISMISSAL OF THE ACTION BEFORE OR AFTER INDICTMENT FOR WANT OF PROSECUTION OR OTHERWISE.

1382. When action may be dismissed.

1383.

Continuance and discharge from custody.

1384. If action dismissed, defendant to be discharged, etc.

1385. Dismissed on motion of court or application of district attorney.

1386. Nolle prosequi abolished.

1387.

§ 1388.

Dismissal of actions, order for bar in misdemeanor, but not in felony.

Judgment suspended in case of minor, when. 1389. Prohibiting minors to visit houses of ill-fame.

§ 1382. When action may be dismissed. The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed in the following cases:

1. When a person has been held to answer for a public offense, if an indictment is not found or an information filed against him, within thirty days thereafter.

2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial within sixty days after the finding of the indictment, or filing of the information. En. February 14, 1872. Am'd. 1880, 29,

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