the court must immediately, or at such time as it may appoint, proceed to try the accusation. Legislation § 766. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 220, § 78. § 767. Trial by jury. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor. Legislation § 767. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 220, § 79. § 768. State and defendant entitled to process for witnesses. The district attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an indictment. Legislation § 768. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 220, § 80. § 769. Judgment upon conviction, and its form. Upon a conviction, the court must, at such time as it may appoint, pronounce judgment that the defendant he removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, and the causes of removal must be assigned therein. Legislation § 769. 1. Enacted February 14, 1872; based on Crim. Prac. Act, § 81, as amended by Stats. 1863, p. 158, § 4, which read: "§ 81. Upon a conviction, the court shall immediately, or at such other time as the court may appoint, pronounce judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, assigning therein the causes of such removal." 2. Amendment by Stats. 1901, p. 481; unconstitutional. § 5, ante. See note, § 770. Appeal, how taken. Defendant to be suspended and vacancy filled. From a judgment or decree of removal from office under any provision of this chapter, an appeal may be taken to the supreme court in the same manner as from a judgment in a civil action but until such judgment is reversed, the defendant is suspended from office after thirty days from the entry of the judgment, unless within such thirty days there shall be filed in the office of the clerk of the court in which the conviction was had, a certificate of a judge of the superior court that in his opinion there is probable cause for the appeal. If a bill of exceptions is not settled in time to be used upon an application for such a certificate or within twenty days after such judgment is entered, the error relied upon may be presented to such judge in any manner satisfactory to such judge. If no such certificate be filed within thirty days the office must pending the appeal be filled as in case of a vacancy. Appeals taken under this section shall be entitled in the appellate court to priority in hearing over all cases except such as have been advanced upon its calendar by special order of such appellate court. [Amendment approved 1905; Stats. 1905, p. 251.] Appeals, how taken generally: See post, §§ 1239, 1240. Legislation § 770. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 220, § 82, which read: "§ 82. From a judg ment of removal an appeal may be taken to the supreme court in the same manner as from a judgment in a civil action, but until such judgment be reversed the defendant shall be suspended from his office. Pending the appeal the office may be filled as in case of vacancy." When enacted in 1872, § 770 read: "770. From a judgment of removal an appeal may be taken to the supreme court, in the same manner as from a judgment in a civil action; but until such judgment is reversed the defendant is suspended from his office. Pending the appeal, the office must be filled as in case of a vacancy." 2. Amended by Stats. 1905, p. 251. § 771. Proceedings for the removal of a district attorney. The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by him to a judge of the superior court of the county, who must thereupon appoint some one to act as prosecuting officer in the matter, or place the accusation in the hands of the district attorney of an adjoining county, and require him to conduct the proceedings. [Amendment approved 1880; Code Amdts. 1880, p. 32.] Legislation § 771. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 220, § 83, which read: "§ 83. The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation shall be delivered to the district judge of the district, who shall thereupon appoint some one to act as prosecuting officer in the matter, or shall place the accusation in the hands of the district attorney of an adjoining county, and require him to conduct the proceedings." 2. Amended by Code Amdts. 1880, p. 32, substituting "a judge of the superior court of the county" for "the district judge of the district." § 772. Removal of public officers by summary proceedings before superior courts. When an accusation in writing, verified by the oath of any person, is presented to a superior court, alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered, or to be rendered, in his office, or has refused or neglected to perform the official duties pertaining to his office, the court must cite the party charged to appear before the court at a time not more than ten nor less than five days from the time the accusation was presented, and on that day, or some other subsequent day not more than twenty days from that on which the accusation was presented, must proceed to hear, in a summary manner, the accusation, and evidence offered in support of the same, and the answer and evidence offered by the party accused; and if, on such hearing, it appears that the charge is sustained, the court must enter a decree that the party accused be deprived of his office, and must enter a judgment for five hundred dollars in favor of the informer, and such costs as are allowed in civil cases. [Amendment approved 1880; Code Amdts. 1880, p. 33.] Time to appear: See ante, § 760. Legislation § 772. 1. Enacted February 14, 1872; in substance the same as Stats. 1853, p. 41, § 4. 2. Amended by Code Amdts. 1880, p. 33, substituting (1) "accusation" for "information" in the four instances; (2) "superior court" for "district court"; (3) "accused" for "informed against" in the two instances. 3. Repeal by Stats. 1901, p. 481; unconstitutional. See note, § 5, ante. TITLE III. Proceedings in Criminal Actions Prosecuted by Indictment, to the Commitment, Inclusive. Chapter I. Local Jurisdiction of Public Offenses. §§ 777-795. IV. The Warrant of Arrest. §§ 811–829. V. Arrest, by Whom and How Made. §§ 834-851. VI. Retaking After an Escape or Rescue. §§ 854, 855. CHAPTER I. Local Jurisdiction of Public Offenses. §777. Jurisdiction of offenses committed in this state. 778. When the offense is commenced without, but consummated within this state. $778a. Performance of an act in this state culminating in a crime in another state. $778b. Non-resident aiding in a crime in this state. $779. When an inhabitant of this state is concerned in a duel out of the same, and a party wounded dies therein. $780. When an inhabitant leaves the state to evade the statute against dueling or challenges to fight. $781. When an offense is committed partly in one county and partly in another. § 782. When committed on the boundary, etc., of two or more counties. § 783. Offenses on ships or cars, jurisdiction of. $784. Kidnaping or abduction. $785. Jurisdiction of an indictment for bigamy or incest. $786. When property is feloniously taken in one county and brought into another. $787. Jurisdiction of criminal action for escaping from prison. $788. Jurisdiction of a criminal action for treason committed out of the state. $789. Stealing property in another state and bringing it into this state. $790. Jurisdiction of a criminal action for murder, etc., where injury was inflicted in one county and party dies out of that county. $791. Of an indictment against an accessory. $792. Jurisdiction in cases of principals who are not present, etc., at commission of principal offense. 793. Conviction or acquittal in another state a bar, where the jurisdiction is concurrent. 794. Conviction or acquittal in another county a bar, where the jurisdiction is concurrent. $795. Jurisdiction in certain cases. § 777. Jurisdiction of offenses committed in this state. Every person is liable to punishment by the laws of this state, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States; and except as herein otherwise provided. the jurisdiction of every public offense is in the county wherein it is committed. [Amendment approved 1905; Stats. 1905, p. 692.] Jurisdiction of police court: See Pol. Code, § 4426. Legislation § 777. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 220, § 84, which read: "§ 84. Every person, whether an inhabitant of this or any other state, or country, or of a territory or district of the United States, shall be liable to punishment by the laws of this state for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States." 2. Amendment by Stats. 1901, p. 481; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 692, adding the exception at end of section, after "United States"; the code commissioner saying, "The amendment declares that the jurisdiction of any public offense not otherwise specially provided for is within the county where it was committed. Although this has always been understood to be the law, the code contained no express declaration upon the subject." § 778. When the offense is commenced without, but consummated within this state. When the commission of a public offense, commenced without the state, is consummated within its boundaries, the defendant is liable to punishment therefor in this state, though he was out of the state at the time of the commission of the offense charged. If he consummated it in this state, through the intervention of an innocent or guilty agent, or any other means proceeding directly from himself, in such case the jurisdiction is in the county in which the offense is consummated. Legislation § 778. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 221, § 85, which read: "§ 85. When the commission of a public offense commenced without the state, is consummated within the boundaries thereof, the defendant shall be liable to punishment in this state though he were without the state at the time of the commission of the offense charged: Provided, he consummated the offense through the intervention of an innocent or guilty agent without this state, or any other means proceeding directly from himself, and in such case the jurisdiction shall be in the county in which the offense is consummated." § 778a. Performance of an act in this state culminating in a crime in another state. Whenever a person, with intent to commit a crime, does any act within this state in execution or part execution of such intent, which culminates in the commission of a crime, either within or without this state such person is punishable for such crime in this state in the same manner as if the same had been committed entirely within this state. |