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1370. Verdict of the jury as to sanity, and proceedings thereon.

SEC. 1370. If the jury find the defendant sane, the trial must proceed, or judgment be pronounced, as the case may be. If the jury find the defendant insane, the trial or judgment must be suspended until he becomes sane, and the court must order that he be in the mean time committed by the sheriff to the state insane asylum, and that upon his becoming sane he be redelivered to the sheriff. [Amendment, approved April 9, 1880; Amendments 1880, 29 (Ban. ed. 176); took effect immediately.]

1371. If defendant committed, it exonerates bail.

SEC. 1371. The commitment of the defendant, as mentioned in the last section, exonerates his bail, or entitles a person authorized to receive the property of the defendant to a return of any money he may have deposited instead of bail.

1372. Defendant to be detained in asylum until sane-Notice to district attorney. SEC. 1372. If the defendant is received into the asylum, he must be detained there until he becomes sane. When he becomes sane, the superintendent must give notice of that fact to the sheriff and district attorney of the county. The sheriff must thereupon, without delay, bring the defendant from the asylum, and place him in proper custody until he is brought to trial or judgment, as the case may be, or is legally discharged.

1373. Expense of sending, etc., defendant to asylum, where chargeable.

SEC. 1373. The expenses of sending the defendant to the asylum, of keeping him there, and of bringing him back, are in the first instance chargeable to the county in which the indictment was found or information filed; but the county may recover them from the estate of the defendant, if he have any, or from a relative, town, city, or county bound to provide for and maintain him elsewhere. [Amendment, approved April 9, 1880; Amendments 1880, 29 (Ban. ed. 176); took effect immediately.]



1377. Certain offenses for which party injured has civil action may be compromised. SEC. 1377. When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in the next section, except when it is committed:

1. By or upon an officer of justice, while in the execution of the duties of his office;

2. Riotously;

3. With an intent to commit a felony. Compounding crimes: Sec. 153, note; see 2 Whart. Crim. L., 8th ed., sec. 1559. Compromising offenses.-By the ancient common law, where a party robbed not only knew the felon, but also took his goods again, or their value, upon an agreement not to prosecute, he was held an accessary: 4 Bla. Com. 133. And where any other offense was committed, and a party, without leave of the court, made any composition, or took any money or promise of defendant to excuse him, the act was punishable: Id. 136. The law permits a compromise of any offense, though made the sub

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ject of a criminal prosecution, for which offense the injured party might recover damages in an action; but, if the offense is of a public nature, no agreement can be valid that is founded on the consideration of stifling a prosecution. Nor can such an agreement be made valid by the court consenting that the prosecution may be compromised: Keir v. Leeman, 6 Q. B. 308; 2 Ben. & Heard's Lead. Crim. Cas. 216. There can be no compromise of a criminal charge where the person charged has not been arrested nor in any way held to answer the charge: Saxon v. Conger, 6 Or. 388.

1378. Compromise by permission of court.

SEC. 1378. If the party injured appears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense.

Restoration of property embezzled, ground for mitigation of punishment: Sec. 513, ante. 1379. No public offense to be compromised except as herein provided.

SEC. 1379. No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this chapter.



1382. When action may be dismissed.

SEC. 1382. The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed in the following cases:

1. When a person has been held to answer for a public offense, if an indictment is not found or an information filed against him, within thirty days thereafter;

2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial within sixty days after the finding of the indictment or filing of the information. [Amendment, approved April 9, 1880; Amendments 1880, 29 (Ban. ed. 176); took effect immediately.]

Dismissal of prosecution.-An application of a prisoner for discharge on the ground that no indictment was found or information filed within the time allowed by law must be made, in the first place, to the court where the prosecution against him is pending: Ex parte Fennessy, 54 Cal. 101. A dismissal of the action against defendant under this section is in the

nature of a judgment of nonsuit; and as defendant has never been in jeopardy, it is not a bar to another prosecution: Ex parte Clarke, 54 Id. 412; Ex parte Cahill, 52 Id. 463; see also Ex parte Bull, 42 Id. 196.

See this section construed in People v. Giesea, 63 Cal. 345.

1383. Court may order action to be continued and discharge defendant from custody, when and how.

SEC. 1383. If the defendant is not charged or tried, as provided in the last section, and sufficient reason therefor is shown, the court may order the action to be continued from time to time, and in the mean time may discharge the defendant from custody on his own undertaking of bail for his appearance to answer the charge at the time to which the action is continued. [Amendment, approved April 9, 1880; Amendments 1880, 29 (Ban. ed. 176); took effect immediately.]

1384. If action dismissed, defendant to be discharged.

SEC. 1384. If the court directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him.

1385. When court may order action dismissed.

SEC. 1385. The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order an action or indict

The reasons of the dismissal must be set forth in an

ment to be dismissed.
order entered upon the minutes.

Dismissal of action.-The discharge of a defendant, that he may be a witness against others, must be made at the trial before the defendant has gone into his defense, by the court on its own motion, or upon the applica

1386. Nolle prosequi abolished.

tion of the district attorney: People v. Indian Peter, 48 Cal. 251. In criminal cases, the defendant cannot be discharged from the indictment without trial, except in certain particular cases enumerated in the statute: Id.

SEC. 1386. The entry of a nolle prosequi is abolished, and neither the attorney-general nor the district attorney can discontinue or abandon a prosecution for a public offense, except as provided in the last section.

1387. Dismissal a bar in misdemeanor, but not in felony.

SEO. 1387. An order for the dismissal of the action, as provided in this chapter, is a bar to any other prosecution for the same offense, if it is a misdemeanor; but it is not a bar if the offense is a felony.

Dismissal not a bar in felonies.-Section applied in People v. Schmidt, 64 Cal. 260.

1388. Probationary treatment of juvenile delinquents.

SEC. 1388. Final judgment may be suspended on any conviction, charge, or prosecution for misdemeanor or felony, where in the judgment of the court in which such proceeding is pending there is a reasonable ground to believe that such minor may be reformed, and that a commitment to prison would work manifest injury in the premises. Such suspension may be for as long a period as the circumstances of the case may seem to warrant, and subject to the following further provisions: During the period of such suspension, or of any extension thereof, the court or judge may, under such limitations as may seem advisable, commit such minor to the custody of the officers or managers of any strictly non-sectarian charitable corporation conducted for the purpose of reclaiming criminal minors. Such corporation, by its officers or managers, may accept the custody of such minor for a period of two months (to be further extended by the court or judge should it be deemed advisable), and should said minor be found incorrigible and incapable of reformation, he may be returned before the court for final judgment for his misdemeanor. Such charitable corporation shall accept custody of said minor, as aforesaid, upon the distinct agreement that it and its officers shall use all reasonable means to effect the reformation of such minor, and provide him with a home and instruction. No application for guardianship of such minor by any person, parent, or friend shall be entertained by any court during the period of such suspension and custody, save upon recommendation of the court before which the criminal proceedings are pending first obtained. Such court may further, in its discretion, direct the payment of the expenses of the maintenance of such minor during such period of two months, not to excced, in the aggregate, the sum of twenty-five dollars ($25), which sum shall include board, clothing, transportation, and all other expenses, to be paid by the county where such criminal proceeding is pending, or direct action to be instituted for the recovery thereof out of the estate of said minor, or from his parents. Such court may also revoke such order of suspension at any time. [Approved March 15, 1883; Statutes and Amendments 1883, 377.]




1390. Summons upon information, etc.

SEC. 1390. Upon an information or presentment against a corporation, the magistrate must issue a summons, signed by him, with his name of office, requir ing the corporation to appear before him, at a specified time and place, to answer the charge, the time to be not less than ten days after the issuing of the


Indictment of corporations: See an article by Adelbert Hamilton in 6 Crim. L. Mag. 317, on this subject.

1391. Form of summons.

SEC. 1391. The summons must be substantially in the following form:
COUNTY OF (as the case may be).

The people of the state of California to the (naming the corporation):

You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer a charge made against you upon the information of A B (or the presentment of the grand jury of the county, as the case may be), for (designating the offense generally).

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Dated at the city (or township) of this day of, eighteen
G H, Justice of the Peace (or as the case may be).

1392. When and how served.

SEC. 1392. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof.

1393. Examination of the charge.

SEC. 1393. At the appointed time in the summons, the magistrate must proceed to investigate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable.

1394. Certificate of magistrate and return thereof.

SEC. 1394. After hearing the proofs, the magistrate must certify upon the depositions, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the deposition and certificate, as prescribed in section eight hundred and eighty-three.

1395. Grand jury to investigate if magistrate certifies there is sufficient cause.

SEC. 1395. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury may proceed, or the district attorney file an information thereon, as in case of a natural person held to answer. [Amendment, approved April 9, 1880; Amendments 1880, 29 (Ban. ed. 176); took effect immediately.]

1396. Appearance and plea.

SEC. 1396. If an indictment is found, or information filed, the corporation may appear by counsel to answer the same. If it does not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases. [Amendment, approved April 9, 1880; Amendments 1880, 29 (Ban. ed. 176); took effect immediately.]

1397. Fine on conviction, how collected.

SEC. 1397. When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it, by the sheriff of the county, out of its real and personal property, in the same manner as upon an execution in a civil action.

"This code makes no distinction between natural persons and corporations in respect to the manner of commencing criminal actions; they must all be commenced alike, either by an information before a magistrate or by presentment of a grand jury, etc. But from the nature

of things, a different mode must be provided for bringing the case of a corporation defendant before the magistrate or grand jury, and for their appearance and plea; hence this chapter:" Code commissioners' note.



1401. Affidavits defectively entitled, valid.

SEC. 1401. It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment or information, or upon an appeal; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer to the proceeding, indictment, information, or appeal in which it is made. [Amendment, approved April 9, 1880; Amendments 1880, 29 (Ban. ed. 177); took effect immediately.]



SEO. 1404. Neither a departure from the form or mode prescribed by this code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right. Immaterial errors. The failure of the clerk duced an injury to the substantial rights of deto read the indictment to the jury, and to fendant: People v. Brotherton, 47 Id. 388; see state defendant's plea, is not fatal error, it ap- also People v. Colby, 54 Id. 37; People v. Swenpearing that the jury were, from the first, fully son, 49 Id. 388. informed of the precise charge against defend- Variance in case of forgery held immaterial ant, and of the issue raised by his plea of not where the words in the original were "shiped ' guilty: People v. Sprague, 53 Cal. 491. The ir- and "saide," and in the copy were "shipped regularity of receiving the verdict without first and "said:" People v. Cummings, 57 Cal. 88.

over the names of the jurors does not

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So also for a case of non-prejudicial rejection

calling prejudice defendant if the jury were all present of evidence, see People v. Iams, 57 Cal. 115, 126. and had agreed: People v. Rodundo, 44 Id. 538. For non-injurious meaningless instruction: PeoA failure to record the written verdict before it ple v. Ah Loy, Id. 566; so where an objection is read and assented to by the jury, and the jury discharged, though an irregularity, is not answered it: People v. Hall, Id. 569; so in fatal to the judgment: People v. Gilbert, 57 Id. People v. Barnhart, 59 Id. 384, where the jury


The fact that a technical error was com

was sustained to a question, but the witness

found in a less degree than they might have

not of itself enough to produce a reversal of the where a clerical error in entering the judgment mitted by the court during a criminal trial is done; and in People v. Murback, 64 Id. 369, judgment, but it must be such an error as pro

was held immaterial.



1407. When property comes into custody of peace-officer, he must hold it subject to

order of magistrate.

SEC. 1407. When property alleged to have been stolen or embezzled comes into the custody of a peace-officer, he must hold it subject to the order of the magistrate authorized by the next section to direct the disposal thereof.

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