any indictment against such an accessory than are required in an indictment against his principal.”" 3. Amended by Code Amdts. 1880, p. 15. § 972. Accessory may be indicted and tried though principal has not been. An accessory to the commission of a felony may be prosecuted, tried, and punished, though the principal may be neither prosecuted nor tried, and though the principal may have been acquitted. [Amendment approved 1880; Code Amdts. 1880, p. 15.] Legislation § 972. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 240, § 256, which read: "§ 256. An accessory after the fact to a commission of a felony, may be indicted and punished, though the principal felon may be neither tried nor indicted." When enacted in 1872, § 972 read: "972. An accessory to the commission of a felony may be indicted, tried, and punished, though the principal may be neither indicted nor tried." 2. Amended by Code Amdts. 1873-74, p. 439, adding at end of section, "and though the principal may have been acquitted." 3. Amended by Code Amdts. 1880, p. 15, substituting "prosecuted" for "indicted" in both instances. TITLE VI. Pleadings and Proceedings After Indictment and Before the Commencement of the Trial. Chapter I. Arraignment of the Defendant. §§ 976-990. III. IV. V. VI. VII. VIII. IX. Demurrer. §§ 1002-1012. Plea. §§ 1016-1025. §§ 995-999. Transmission of Certain Indictments from the County Removal of the Action Before Trial. §§ 1033-1038. Formation of the Trial Jury and the Calendar of Issues Postponement of the Trial. §§ 1052, 1053. CHAPTER I. Arraignment of the Defendant. § 976. Defendant must be arraigned in the court where indictment or information was found. § 977. Defendant when to be present at arraignment. $978. § 979. If in custody, to be brought before court. If discharged on bail, bench-warrant to issue. § 980. Bench-warrant, by whom and how issued. § 981. Form of bench-warrant. § 982. Directions in the bench-warrant if the offense is bailable. $983. Bench-warrant, how served. § 984. Proceeding on giving bail in another county. § 985. Ordering defendant into custody or increasing bail when indictment is for felony. § 986. Defendant, if present when order made, to be committed; if not, bench-warrant to issue. $987. Defendant, on arraignment, to be informed of his right to counsel. When court to assign counsel. $988. Arraignment of defendant. $ 989. Proceedings on arraignment when defendant is not indicted by his true name. § 990. Time allowed and how defendant may answer on arraignment. $976. Defendant must be arraigned in the court where indictment or information was found. When the indictment or information is filed, the defendant must be arraigned thereon before the court in which it is filed, unless the cause is transferred to some other county for trial. [Amendment approved 1880; Code Amdts. 1880, p. 15.] Forfeiture of bail: See post, §§ 1305 et seq. Legislation § 976. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 296); based on Crim. Prac. Act, Stats. 1851, p. 240, $258, which read: "§ 258. When the indictment is filed the defendant shall be arraigned thereon, before the court in which it is found, except in the cases mentioned in sections two hundred and seventy-nine and two hundred and eighty." When enacted in 1872, § 976 read: "976. When the indictment is filed, the defendant must be arraigned thereon before the court in which it is found, if triable therein; if not, before the court to which it is transmitted." 2. Amended by Code Amdts. 1880, p. 15. § 977. Defendant when to be present at arraignment. If the indictment or information be for a felony, the defendant must be personally present; but if for a misdemeanor, he may appear upon the arraignment by counsel. [Amendment approved 1880; Code Amdts. 1880, p. 16.] Rights of defendant: See Const. 1879, art. i, § 13. Legislation § 977. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 297); in substance the same as Crim. Prac. Act, Stats. 1851, p. 240, § 259. 2. Amended by Code Amdts. 1880, p. 16, (1) changing "If the indictment is for a felony" to "If the indictment or information be for a felony." § 978. If in custody, to be brought before Court. When his personal appearance is necessary, if he is in custody, the court may direct and the officer in whose custody he is must bring him before it to be arraigned. Legislation § 978. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 298); based on Crim. Prac. Act, Stats. 1851, p. 240, § 260, which read: "§ 260. When his personal appearance is necessary, if he be in custody the court may direct the officer in whose custody he is to bring him before it to be arraigned, and the officer shall do so accordingly." § 979. If discharged on bail, bench-warrant to issue. If the defendant has been discharged on bail, or has deposited money instead thereof, and do not appear to be arraigned when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a benchwarrant for his arrest. Legislation § 979. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 299); in substance the same as Crim. Prac. Act, Stats. 1851, p. 240, § 261. § 980. Bench-warrant, by whom and how issued. The clerk, on the application of the district attorney, may, at any time after the order, whether the court is sitting or not, issue a bench-warrant to one or more counties. Issuance of bench-warrant: See post, § 1196. Legislation § 980. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 300); in substance the same as Crim. Prac. Act, Stats. 1851, p. 240, § 262. § 981. Form of bench-warrant. The bench-warrant upon the indictment or information must, if the offense is a felony, The be substantially in the following form: County of People of the State of California to any Sheriff, Constable, Marshal, or Policeman in this State: An indictment having been found (or information filed) on the day of ——, A. D. eighteen [nineteen] in the superior court of the county of, charging C. D. with the crime of (designating it generally); you are, therefore, commanded forthwith to arrest the above-named C. D., and bring him before that court (or if the indictment and information has been sent to another court, then before that court, naming it), to answer said indictment (or information), or if the court be not in session, that you deliver him into the custody of the sheriff of the county of Given under my hand, with the seal of said court affixed, this day of A. D. By order of said court. [Seal] E. F., Clerk. [Amendment approved 1880; Code Amdts. 1880, p. 16.] Form of bench-warrant: See post, §§ 982, 1197. Legislation § 981. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 301); based on Crim. Prac. Act, Stats. 1851, p. 241, $263, which read the same as § 981 when enacted in 1872, except that it (1) had the words "in the court of sessions, in the county," instead of "in the county court of the county," but (2) did not contain the words "(or if the indictment has been sent to another court, then before that court, naming it)." When enacted in 1872, the first part of § 981 read: "981. The bench-warrant upon the indictment must, if the offense is a felony, be substantially. in the following form: County of The People of the State of California to any Sheriff, Constable, Marshal, or Policeman in this State: An indictment having been found on the A. D. eighteen , in the county court of the county of charging C. D. with the crime of (designating it generally); you are therefore commanded forthwith to arrest the above-named C. D., and bring him before that court (or if the indictment has been sent to another court, then before that court, naming it), to answer said indictment; or if the court have adjourned for the term, that you deliver him into the custody of the sheriff of the county of," the remainder of the section reading as at present. 2. Amended by Code Amdts. 1880, p. 16 day of § 982. Directions in the bench-warrant if the offense is bailable. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the sheriff of the county in which the indictment is found or information filed, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench-warrant a direction to the following effect: "Or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer to the indictment (or information)"; and the court, upon directing it to issue, must fix the amount of bail, and an indorsement must be made thereon and signed by the clerk, to the following effect: "The defendant is to be admitted to bail in the sum of dollars." [Amendment approved 1880; Code Amdts. 1880, p. 16.] Form of bench-warrant: See ante, § 981; post, § 1197. Legislation § 982. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §§ 302, 303); based on Crim. Prac. Act, Stats. 1851, p. 241, §§ 264, 265, 266, which read: "§ 264. The defendant, if the offense be punishable with death, when arrested under the warrant, shall be held in custody by the sheriff of the county in which the indictment is found, unless admitted to bail, upon an examination upon a writ of habeas corpus. § 265. If the offense be not capital, the bench-warrant shall be in a similar form, adding to the body thereof a direction to the following effect, 'Or if he require it, that you take him before any magistrate in that county, or in the county in which you arrested him, that he may give bail to answer to the indictment.' § 266. If the offense charged be not capital, the court upon directing the bench-warrant to issue shall fix the amount of bail, and an indorsement shall be made upon the bench-warrant signed by the clerk, to the following effect: "The defendant is to be admitted to bail in the sum of dollars.' 2. Amended by Code Amdts. 1880, p. 16, adding (1) "or information filed" after "indictment is found," and (2) "(or information)" after "answer to the indictment." § 983. Bench-warrant, how served. The bench-warrant may be served in any county, in the same manner as a warrant of arrest, except that when served in another county it need not be indorsed by the magistrate of that county. How served: Compare post, § 1198. Legislation § 983. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 304); in exact language of Crim. Prae, Act, Stats. 1851, p. 241, § 267. § 984. Proceeding on giving bail in another county. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings must be had thereon. Arrest: See ante, §§ 834-851. Proceedings on giving bail out of county: See ante, § 823. Legislation § 984. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 305); in substance the same as Crim. Prac. Act, Stats. 1851, p. 241, § 268. § 985. Ordering defendant into custody or increasing bail when indictment is for felony. When the information or indictment is for a felony, and the defendant, before the filing |