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THE
CODES AND AND STATUTES
OF
CALIFORNIA.
AS AMENDED AND IN FORCE
AT THE CLOSE OF THE TWENTY-SIXTH SESSION OF THE LEGISLATURE, 1885,
WITH NOTES CONTAINING REFERENCES TO ALL THE DECISIONS OF THE SUPREME COURT CONSTRUING OR ILLUSTRATING THE SECTIONS OF
THE CODES, AND TO ADJUDICATIONS OF THE COURTS OF OTHER STATES HAVING LIKE CODE PROVISIONS,
IN
FOUR VOLUMES,
BY
F. P. DEERING,
Of the San Francisco Bar.
PENAL CODE AND STATUTES IN FORCE.
SAN FRANCISCO:
BANCROFT-WHITNEY CO.
LAW PUBLISHERS & LAW BOOKSELLERS.
1886.
L 8322 OCT3 1933
Entered according to Act of Congress, in the year 1885, BY A. L. BANCROFT & COMPANY,
In the Office of the Librarian of Congress, at Washington.
SUMMARY OF CONTENTS.
TITLE OF CODE....
PRELIMINARY PROVISIONS..
PART I.
OF CRIMES AND PUNISHMENT. [SECS. 26-678.]
TITLE I. Of Persons Liable to Punishment for Crime...
II. Of Parties to Crime.....
III. Of Offenses against the Sovereignty of the State...
IV. Of Crimes against the Elective Franchise......
V. Of Crimes by and against the Executive Power of the State...
IV. Forging, Stealing, Mutilating, and Falsifying Judicial and Public
SECTIONS
1
2-24
26, 27
30-33
37, 38
41-62
65-77
81-89
92-185
92-100
101, 102
105-111
113-117
118-128
132-138
142-179
182-185
187-257
187-199
203, 204
TITLE IX. Of Crimes against the Person and against Public Decency and Good
CHAP. I. Rape, Abduction, Carnal Abuse of Children, and Seduction.
261-367
VII. Crimes against Religion and Conscience, and Other Offenses against
Good Morals.....
299-309
VIII. Indecent Exposure, Obscene Exhibitions, Books, and Prints, and
Bawdy and Other Disorderly Houses..
TITLE X.
XII.
Other Injuries to Persons..
Of Crimes against the Public Health and Safety...
XI. Of Crimes against the Public Peace....
XII. Of Crimes against the Revenue and Property of this State..
XIII. Of Crimes against Property...
CHAP. I.
311-318
319-326
330-337
338-343
346-367
368-401
403-420
424-443
447-592
447-455
459-463
III. Having Possession of Burglarious Instruments and Deadly Weapons. 466, 467
Arson....
470-482
XIII. Fraudulent Insolvencies by Corporations, and Other Frauds in their
Management.......
557-572
XIV. Fraudulent Issue of Documents of Title to Merchandise...
XV. Malicious Injuries to Railroad Bridges, Highways, Bridges, and
Violation of the Laws for the Preservation of Game and Fish...
Of Other and Miscellaneous Offenses..
626-637
638-654
TITLE XVI. General Provisions...
654-678
PART II.
OF CRIMINAL PROCEDURE. [SECS. 681-1570.]
PRELIMINARY PROVISIONS............
TITLE I. Of the Prevention of Public Offenses..
CHAP. I. Of Lawful Resistance....
III. Security to Keep the Peace......
II. Of the Intervention of the Officers of Justice...
IV. Police in Cities and Towns, and their Attendance at Exposed Places.
V. Suppression of Riots....
681-689
692-733
692-694
697, 698
701-714
719, 720
723-733
TITLE II. Of Judicial Proceedings for the Removal of Public Officers by Impeach-
Of the Removal of Civil Officers Otherwise than by Impeachment.
TITLE III. Of Proceedings in Criminal Actions, Prosecuted by Indictment, to the
758-772
VII. Examination of the Case, and Discharge of Defendant, or Holding
Him to Answer....
858-883
TITLE IV. Of Proceedings after Commitment and before Indictment......
CHAP. I. Preliminary Provisions.....
II. Formation of the Grand Jury..
III. Powers and Duties of a Grand Jury..
IV.
TITLE V. Of the Indictment....
Presentment, and Proceedings thereon...
TITLE VI. Of Pleadings and Proceedings after Indictment and before the Com-
888-937
888-890
894-910
915-928
931-937
940-972
940-945
948-972
976-1052
976-990
995-999
1002-1012
1016-1025
V. Transmission of Certain Indictments from the County Court to the
District Court or Municipal Criminal Court of San Francisco.... 1028-1030
VI. Removal of the Action before Trial.........
VII. The Mode of Trial.....
1033-1038
1041-1043
VIII. Formation of the Trial Jury and the Calendar of Issues for Trial.. 1046-1049
IX. Postponement of the Trial.................
1052
TITLE VII. Of Proceedings after the Commencement of the Trial and before Judg-
New Trials.....
VII. Arrest of Judgment..
TITLE VIII. Of Judgment and Execution..
CHAP. I. The Judgment..
II. The Execution.......
TITLE IX. Of Appeals to the Supreme Court..
CHAP. I. Appeals, when Allowed and how Taken, and the Effect thereof.... 1235–1246
II. Dismissing an Appeal for Irregularity..
III. Argument of the Appeal...
1248, 1249
1179-1182
1185-1188
1191-1230
1191-1207
1213-1230
1235–1265
1252-1255
IV. Judgment upon Appeal...
TITLE X. Miscellaneous Proceedings...
CHAP. I. Bail.
ART. I.
1258-1265
1268-1423
1268-1317
In What Cases the Defendant may be Admitted to Bail...... 1268-1274
II. Bail upon being Held to Answer before Indictment...
VII. Forfeiture of the Undertaking of Bail, or of the Deposit of
Money.....
1305-1307
VIII. Recommitment of the Defendant after having Given Bail, or
Deposited Money instead of Bail..............
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 Indictment for Want of
Prosecution or Otherwise...
IX. Proceedings against Corporations..
1382-1388
1390-1397