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accused action allowed answer appear application arrest attempt Attorney authority bail cause challenge CHAPTER charge Civil Clerk Code Code Cal commission committed common constitute conviction corporation County Jail Court crime criminal custody defendant defined delivered depositions destroys direct discharged District dollars duty effect evidence examination exceeding execution fact false felony five fraudulently give given Grand Jury ground guilty held indictment injures intent issued Judge judgment juror jury Justice keep killing larceny less magistrate maliciously manner means ment misdemeanor necessary Note.—See Note.—Stats Note.—The oath offense officer party peace person possession present Prison proceedings procures proof prosecution provisions punishable by imprisonment reason received refuses relating removal rule sells Sheriff Stats statute Subd sufficient taken term thereof tion TITLE trial unless verdict warrant willfully witness writing
Page 341 - ... to establish a defence 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 388 - 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 22 - No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition.
Page 197 - ... not in the due and lawful execution of his trust, any property which he has in his possession, or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement.
Page 287 - Arrests by • • peace obedience to a warrant delivered to him, or may, officers, without a warrant, arrest a person: 1. For a public offense committed or attempted in his presence. 2. "When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Page 241 - An act or omission which is made punishable in different ways by different provisions of this code, may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other.
Page 446 - ... will appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself amenable to the orders and process of the court, and, if convicted, will appear for judgment and render himself in execution thereof...
Page 257 - SEC. 5. The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.
Page 108 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.