The Codes and Statutes of California: As Amended and in Force at the Close of the Thirty-fourth Session of the Legislature, 1901, 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 : Penal Code
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accused action alleged allowed Amendment appear approved March 16 arrest assault attempt attorney authority bill cause challenge CHAPTER charge Code commission Commissioners committed common Commonwealth constitute conviction corporation court crime criminal death defendant defined deposition destroys direct discharged dollars duty evidence examination exceeding execution fact false felony five give given grand jury ground guilty held hundred immediately imprisonment indictment injured instruction intent issued judgment jurisdiction juror killing larceny less magistrate maliciously manner matter means ment misdemeanor murder necessary offense officer party person plea possession present prison proceedings prosecution proved provisions punishable punishable by imprisonment question reasonable received record refuses removal rule sells Stats statute sufficient taken taking term testimony thereof tion took effect July trial unless verdict violation warrant willfully witness
Page 263 - ... except in cases of extraordinary emergency caused by fire, flood or danger to life or property.
Page 354 - Again, the rule, as promulgated by the legislature, is that "the distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried and punished as principals, and no other facts need be alleged in any...
Page 23 - ... to establish a defense on the ground of insanity it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 397 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 41 - ... any voter, or to or for any other person, in order to induce such voter to vote, or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting at any election : 3.
Page 515 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 414 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 411 - A witness may be impeached by the party against whom he was called, by contradictory evidence or by evidence that his general reputation for truth, honesty, or integrity is bad, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he had been convicted of a felony.
Page 552 - Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Page 167 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons...