The Codes of California: pt. 1-2. Penal codeBender-Moss Company, 1921 - California |
Common terms and phrases
accomplice action admission admitted to bail affidavit alleged amended April ante appeal appellate court application April 9 arrest bill of exceptions cause certificate challenge charge clerk Code Amdts committed competent constitution counsel crime Criminal Practice Act cross-examination custody defendant defendant's dence discharged discretion district attorney Enacted February 14 error evidence examination fact felony fendant ground guilty habeas corpus held History imprisonment indictment insanity instruction issue judge judgment jurisdiction juror jury justice justice of peace Kerr's Cyc magistrate matter ment misconduct motion murder note pars offense officer party peremptory challenges person plea Practice Act 1851 prejudicial presumption prisoner probation proceedings proof prosecution provisions punishment question re-enactment record refusal rendered rule Same-Where sentence sheriff statement Stats statute sufficient superior court supreme court testify testimony thereof tion trial court verdict voir dire warrant witness writ of habeas
Popular passages
Page 1140 - 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 1266 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Page 1199 - While the jury are absent the court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged.
Page 1081 - When the evidence is concluded, unless the case is submitted to the jury, on either side or on both sides, without argument, the counsel for the people must commence, and the defendant or his counsel may conclude the argument to the jury.
Page 1264 - ... after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
Page 1401 - D will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court...
Page 1213 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 1344 - If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer and by him detained until the judgment is complied with.
Page 1148 - ... the defendant cannot be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or some note or memorandum thereof is in writing, subscribed by or in the handwriting of the defendant, or unless the pretense is proven by the testimony of two witnesses, or that of one witness and corroborating circumstances...
Page 1421 - Neither husband nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties...