mission of a public offense, when such principal is not present at the commission of the principal offense, is in the same county it would be under this code if he were so present and aiding and abetting therein. [Amendment approved 1880; Code Amdts. 1880, p. 11.]

Legislation § 792. 1. Enacted February 14, 1872.

2. Amended by Code Amdts. 1880, p. 11, substituting "a criminal action" for "an indictment."

§ 793. Conviction or acquittal in another state a bar, where the jurisdiction is concurrent. When an act charged as a public offense is within the jurisdiction of another state or country, as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefor in this state.

Foreign conviction or acquittal: See ante, § 656; post, § 794.

Legislation § 793. Enacted February 14, 1872 (N. Y. Code Crim. Proc., 139); based on Crim. Prac. Act, Stats. 1851, p. 222, § 94, which read: "§ 94. When an act charged as a public offense is within the jurisdiction of another state or territory as well as of this state, a conviction or acquittal thereof in such state or territory shall be a bar to a prosecution therefor in this state."

§ 794. Conviction or acquittal in another county bar, where the jurisdiction is concurrent. When an offense is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another.

Foreign conviction or acquittal: See ante, §§ 656, 668, 793.

Legislation § 794. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 140); based on Crim. Prac. Act, Stats. 1851, p. 222, § 95.

§ 795. Jurisdiction in certain cases. The jurisdiction of a violation of sections four hundred and twelve, four hundred and thirteen, and four hundred and fourteen of the Penal Code, or a conspiracy to violate either of said sections, is, in any county:

First. In which any act is done towards the commission of the offense; or,

Second. Into, out of, or through which the offender passed to commit the offense; or,

Third. Where the offender is arrested.

Legislation § 795.

Added by Code Amdts. 1873-74, p. 466.

CHAPTER II.

Time of Commencing Criminal Actions.

$799. No limitation in certain crimes.

§ 800. Limitation of three years in all other felonies.
§ 801. Limitation of one year in misdemeanors.

§ 802. Exception when defendant is out of the state.
§ 803. Indictment found, when presented and filed.

§ 799. No limitation in certain crimes. There is no limitation of time within which a prosecution for murder, the embezzlement of public moneys, and the falsification of publie records must be commenced. Prosecution for murder may be commenced at any time after the death of the person killed, and for the embezzlement of public money or the falsification of public records, at any time after the discovery of the crime. [Amendment approved 1891; Stats. 1891, p. 192.]

Legislation § 799. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 141); in substance the same as Crim. Prac. Act, Stats. 1851, p. 222, § 96. When enacted in 1872, § 799 read: "799. There is no limitation of time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed."

2. Amended by Stats. 1891, p. 192.

§800. Limitation of three years in all other felonies. An indictment for any other felony than murder, the embezzlement of public money, or the falsification of public records, must be found, or an information filed, within three years after its commission. [Amendment approved 1891; Stats. 1891, p. 193.]

Legislation § 800. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 142); in exact language of Crim. Prac. Act, Stats. 1851, p. 222, § 97. When enacted in 1872, § 800 read: "800. An indictment for any other felony than murder must be found within three years after its commission."

2. Amended by by Code Amdts. 1880, p. 12, inserting, "or an information filed" after "must be found."

3. Amended by Stats. 1891, p. 193.

§ 801. Limitation of one year in misdemeanors. An indictment for any misdemeanor must be found or an information filed within one year after its commission. [Amendment approved 1880; Code Amdts. 1880, p. 12.]

Legislation § 801. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 142); in exact language of Crim. Prac. Act, Stats. 1851, p. 222, § 98.

2. Amended by Code Amdts. 1880, p. 12, inserting "or an information filed" after "must be found."

§ 802. Exception when defendant is out of the state. If, when the offense is committed, the defendant is out of the

state, the indictment may be found or an information filed within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of, or usually resident within this state, is part of the limitation. [Amendment approved 1880; Code Amdts. 1880, p. 12.]

Legislation § 802.

1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 143); in substance the same as Crim. Prac. Act, Stats. 1851, p. 222, § 99.

2. Amended by Code Amdts. 1880, p. 12, (1) inserting "or an information filed" after "may be found," and (2) substituting "this state" for "the state."

§ 803. Indictment found, when presented and filed. An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed.

Legislation § 803. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 144); in substance the same as Crim. Prac. Act, Stats. 1851, p. 222, § 100.

Who are magistrates.

§ 809.

§ 810.

Filing information after examination and commitment.
Information, when lost, copy may be filed.

§ 806. Complaint defined. The complaint is the allegation in writing made to a court or magistrate that a person has been guilty of some designated offense. [Amendment approved 1880; Code Amdts. 1880, p. 12.]

Information of threatened offense: See ante, § 701.

Legislation § 806. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 145); based on Crim. Prae. Act, Stats. 1851, p. 223, § 101, which read: "§ 101. The complaint is the allegation made to a magistrate that a person has been guilty of some designated offense."

2. Amended by Code Amdts. 1880, p. 12, (1) substituting "complaint" for "information," and (2) adding "court or" before "magis

trate."

§ 807. Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

Legislation § 807. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 146); in exact language of Crim. Prac. Act, Stats. 1851, p. 223, § 102. The code commissioners say: "The definition of the term 'magistrate,' as used throughout this code, is here given, to save unnecessary repetition of the official names of the officers who come within this description."

§ 808. Who are magistrates. The following persons are magistrates:

1. The justices of the supreme court;

2. The judges of the superior court;

3. Justices of the peace;

4. Police magistrates in towns or cities. [Amendment approved 1880; Code Amdts. 1880, p. 7.]

Legislation § 808. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 147); based on Crim. Prac. Act, Stats. 1851, p. 223, § 103, which read: "§ 103. The following persons are magistrates: 1st. The justices of the supreme court; 2d. The district judges; 3d. The county judges; 4th. Justices of the peace; 5th. The recorders of cities; and, 6th. The mayors of cities, upon whom are conferred by law the powers of justices of the peace." When enacted in 1872 § 808 read: "808. The following persons are magistrates: 1. The justices of the supreme court; 2. The district judges; 3. The county judges; 4. The judge of the municipal criminal court of San Francisco; 5. Justices of the peace; 6. Police magistrates in towns or cities."

2. Amended by Code Amdts. 1880, p. 7.

§ 809. Filing information after examination and commitment. When a defendant has been examined and committed, as provided in section eight hundred and seventy-two of this code, it shall be the duty of the district attorney, within thirty days thereafter, to file in the superior court of the county in which the offense is triable an information charging the defendant with such offense. The information shall be in the name of the people of the state of California, and subscribed by the district attorney, and shall be in form like an indictment for the same offense.

Information, form of: See post, § 951.

Time to file information: See post, § 1382.

Legislation § 809. Added by Code Amdts. 1880, p. 12.

§ 810. Information, when lost, copy may be filed. If the information or other pleading in any criminal action now pending, or which may be hereafter commenced, has heretofore been lost or destroyed, or shall hereafter be lost or destroyed, the court must upon the application of the attorney-general, district attorney, or the defendant, order a copy of the information or other pleading to be filed and substituted for the original, and when filed and substituted. as provided in this section, it shall have the same force and effect as if it were the original information or other pleading.

Legislation § 810. Added by Stats. 1907, p. 889.

CHAPTER IV.

The Warrant of Arrest.

§ 811. Examination of the prosecutor and his witnesses upon the in

§ 815.

§ 816. § 817.

§ 818. § 819.

§ 820.

§ 821.

§ 822.

§ 823.

§ 824.

§ 825.

§ 826.

§ 827.

Name or description of the defendant in the warrant, and
statement of the offense.

Warrant to be directed to and executed by peace-officer.
Peace-officers.

To what peace-officers warrants are to be directed.
Same; and when and how executed in another county.
Indorsement on the warrant for service in another county,
how and upon what proof to be made.

Defendant to be taken before the magistrate issuing the war-
rant, etc.

Defendant arrested for misdemeanor in another county, to be admitted to bail.

Proceedings on taking bail from the defendant in such cases. When bail is not given. When magistrate who issued warrant cannot act.

Right of attorney to visit prisoner.

Proceedings where defendant is taken before another magistrate.

Proceedings for offenses triable in another county. § 828. Duty of officer.

§ 811. Examination of the prosecutor and his witnesses upon the information. When an information is laid before a magistrate of the commission of a public offense, triable within the county, he must examine on oath the informant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.

Magistrates, who are: See ante, § 808.

As to examination on commission, see post, §§ 1349 et seq.

Legislation § 811. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 148); in substance the same as Crim. Prac. Act, Stats. 1851, p. 223, § 104.

2. Amendment by Stats. 1901, p. 482; unconstitutional. See note, § 5, ante.

§ 812. Depositions, what to contain. The deposition must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the offense and the guilt of the defendant.

Legislation § 812. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 149); in exact language of Crim. Prac. Act, Stats. 1851, p. 223, § 105.

§ 813. When warrant may issue. If the magistrate is satisfied therefrom that the offense complained of has been