or otherwise, that the person so placed upon probation is violating the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment after the said suspension of the sentence for any time within the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the person shall be delivered over to the proper officer to serve his sentence. 4. The court shall have power at any time during the term of probation to revoke or modify its order of suspension, of imposition or execution of sentence. It may, at any time, when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation and discharge the person so held, and in all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall, at the end of the term of probation, be by the court discharged. 5. Every defendant who has fulfilled the conditions of his probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, shall at any time prior to the expiration of the maximum period of punishment for the offense of which he has been convicted, dating from said discharge from probation or said termination of said period of probation, be permitted by the court to withdraw his plea of guilty and enter a plea of not guilty; or, if he has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusation or information against such defendant who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. 6. The same probation officers and assistant probation officers and deputy probation officers shall serve under this act as are appointed under the act known as the juvenile court law, and entitled "An act concerning dependent and delinquent minor children, providing for their care, custody, and maintenance, until twenty-one years of age; providing for their commitment to the Whittier State School and the Preston State School of Industry, and the manner of such commitment and release therefrom, establishing a probation committee and probation officers to deal with such children, and fixing the salaries of probation officers; providing for detention homes for said children; providing for the punishment of persons responsible for, or contributing to, the dependency or delinquency of children; and giving to the superior court jurisdiction of such offenses, and repealing inconsistent acts," approved March 8, 1909, or under any laws amending or superseding the same. 7. Such probation officers shall serve under this act whenever required to do so by any court having original jurisdiction of criminal actions in this state. 8. At the time of the plea or verdict of guilty of any crime of any person over eighteen years of age, the probation officer of the county of the jurisdiction of said crime shall, when so directed by the court, inquire into the antecedents, character, history, family environment, and offense of such person, and must report the same to the court, and file his report in writing in the records of said court. His report shall contain his recommendation for or against the release of such person on probation. If any such person shall be released on probation and committed to the care of the probation officer, such officer shall keep a complete and accurate record in suitable books or other form in writing, of the history of the case in court, and of the name of the probation officer, and his acts in connection with said case; also the age, sex, nativity, residence, education, habits of temperance, whether married or single, and the conduct, employment, and occupation, and parents' occupation, and condition of such person so committed to his care during the term of such probation and the result of such probation. Such record of such probation officer shall be and constitute a part of the record's of the court, and shall at all times be open to the inspection of the court, or of any person appointed by the court for that purpose, as well as of all magistrates, and the chief of police, or other head of the police, unless otherwise ordered by the court. Said books of record shall be furnished for the use of said probation officer of said county and shall be paid for out of the county treasury. 9. The probation officer shall furnish to each person who has been released on probation, and committed to his care, a written statement of the terms and conditions of his probation, unless such statement has been furnished by the court, and shall report to the court, judge or justice, releasing such person upon probation, any violation or breach of the terms and conditions imposed by such court on the person placed in his care. 10. Such probation officer shall have, as to the person so committed to the care of said probation officer, the powers of a peace officer." 6. Amended by Stats. 1913, p. 221. § 1204. Proof of former conviction or of facts, etc., in mitigation, etc., how made. The circumstances must be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to attend, his deposition may be taken by a magistrate of the county, out of court, upon such notice to the adverse party as the court may direct. No affidavit or testimony, or representation of any kind, verbal or written, can be offered to or received by the court, or a judge thereof, in aggravation or mitigation of the punishment, except as provided in this and the preceding section. Legislation § 1204. Enacted February 14, 1872. § 1205. Imprisonment for fine. A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied. But the judgment must specify the extent of the imprisonment, which must not exceed one day for every two dollars of the fine, nor extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted. [Amendment approved 1891; Stats. 1891, p. 52.] Fine, imprisonment until paid: See post, §§ 1146, 1456. Legislation § 1205. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 484); in substance the same as Crim. Prac. Act, § 460, as amended by Stats. 1857, p. 164, § 1, which had the words "or in that proportion" at end of section. When enacted in 1872, § 1205 read: "1205. A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied, specifying the extent of the imprisonment, which cannot exceed one day for every two dollars of the fine." 2. Amended by Code Amdts. 1873-74, p. 455, to read: "1205. A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied, specifying the extent of imprisonment, which must not exceed one day for every dollar of the fine." 3. Amended by Stats. 1891, p. 52. § 1206. Judgment to pay fine constitutes a lien. A judg ment that a defendant pay a fine with or without the alterna tive of imprisonment constitutes a lien in like manner as a judgment for money rendered in a civil action. [Amendment approved 1905; Stats. 1905, p. 764.] Disposition of fines and forfeitures: See post, § 1570. Compare with post, § 1214. Legislation § 1206. 1. Enacted February 14, 1872; in substance the same as Crim. Prae. Act, Stats. 1851, p. 263, § 461. When enacted in 1872, § 1206 read: "1206. A judgment that the defendant pay a fine constitutes a lien, in like manner as a judgment for money rendered in a civil action." 2. Amendment by Stats. 1901, p. 491; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 764; the code commissioner saying, "The amendment makes the section applicable whether the fine was imposed with or without the alternative of imprisonment. (See People v. Brown, 113 Cal. 35.)" § 1207. Entry of judgment. When judgment upon a conviction is rendered, the clerk must enter the same in the minutes, stating briefly the offense for which the conviction was had, and the fact of a prior conviction, if any, and must, within five days, annex together and file the following papers, which constitute a record of the action: 1. The indictment or information, and a copy of the minutes of the plea or demurrer; 2. A copy of the minutes of the trial; 3. The written instructions given, modified, or refused, with the indorsements thereon, and the certified transcript of the charge of the court; and, 4. A copy of the judgment. [Amendment approved 1905; Stats. 1905, p. 764.] Legislation § 1207. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 485); in substance the same as Crim. Prac. Act, Stats. 1851, p. 263, § 462, but which did not contain subd. 8 of the original code section. When enacted in 1872, § 1207 read: "1207. When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction was had, and the fact of a prior conviction (if one), and must within five days annex together and file the following papers, which constitue a record of the action: 1. A copy of the minutes of a challenge interposed by the defendant to the panel of the grand jury, or to an individual grand juror, and the proceedings and decision thereon; 2. The indictment and a copy of the minutes of the plea or demurrer; 3. A copy of the minutes of a challenge interposed to the panel of the trial jury or to an individual juror, and the proceedings and decision thereon; 4. A copy of the minutes of the trial; 5. A copy of the minutes of the judg ment; 6. The bill of exceptions, if there be one; 7. The written charges asked of the court, and refused, if there be any; 8. A copy of all charges given and of the indorsements thereon." 2. Amended by Code Amdts. 1873-74, p. 449, to read: "1207. When judgment upon a conviction is rendered, the clerk must enter the same in the minutes, stating briefly the offense for which the conviction was had, and the fact of a prior conviction (if one), and must, within five days, annex together and file the following papers, which will constitute a record of the action; First-The indictment and a copy of the minutes of the plea or demurrer. Second-A copy of the minutes of the trial. Third-The charges given or refused and the indorsements thereon; and Fourth-A copy of the judgment." 3. Amended by Code Amdts. 1880, p. 26, in subd. 1, adding “or information" after "The indictment." 4. Amendment by Stats. 1901, p. 491; unconstitutional. See note, § 5, ante. 5. Amended by Stats. 1905, p. 764; the code commissioner saying, "The design of the amendment is to conform the section to the amendment to § 1176. To effect this the words 'and the certified transcript of the charge of the court' are inserted after 'thereon.'" CHAPTER II. The Execution. § 1213. Authority for the execution of a judgment, other than of § 1214. death. If for fine alone, execution to issue as in civil cases. § 1215. Judgment, by whom and how executed. § 1216. § 1217. § 1218. Duty of sheriff on receiving copy of judgment of imprisonment. Warrant of execution upon judgment of death. Time of execution. Judge to transmit statement of conviction and testimony to governor. § 1219. Governor may require opinion of justices of supreme court, etc., thereon. § 1223. § 1224. § 1225. § 1226. Order of court committing insane person to hospital. § 1227. § 1228. Punishment of death, how inflicted. § 1229. § 1230. Judgment of death remaining in force, not executed. Νο appeal from order of court. Execution, where to take place and who to be present. § 1213. Authority for the execution of a judgment, other than of death. When a judgment, other than of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution. Legislation § 1213. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 486); based on Crim. Prac. Act, Stats. 1851, p. 263, § 463, which read: "§ 463. Where a judgment has been pronounced, a certified copy of the entry thereof in the minutes shall be forthwith furnished to the officers whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require the execution thereof except where judgment of death is rendered." § 1214. If for fine alone, execution to issue as in civil cases. If the judgment is for a fine with or without imprisonment, execution may be issued thereon as on a judgment in a civil action. [Amendment approved 1905; Stats. 1905, p. 698.] Judgment to pay fine constitutes lien: Ante, § 1206. Legislation § 1214. 1. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 263, § 464. When enacted in 1872, § 1214 read: “1214. If the judgment is for a fine alone, execution may be issued thereon as on a judgment in a civil action." 2. Amendment by Stats. 1901, p. 491; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 698; the code commissioner saying, "The amendment makes the rule of the section applicable, though the punishment include imprisonment as well as fine. (See People v. Brown, 113 Cal. 35.)" § 1215. Judgment, by whom and how executed. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer and by him detained until the judgment is complied with. Where, however, the court has suspended sentence, or where, after imposing sentence, the court has suspended the execution thereof and placed the defendant on probation, as provided in section twelve hundred and three of the Penal Code, the defendant, if over the age of sixteen years, must forthwith be placed under the care and supervision of the probation officer of the court committing him, until the expiration of the period of probation and the compliance with the terms and conditions of the sentence, or of the suspension thereof. Where, however, the probation has been terminated as provided in section twelve hundred and three of the Penal Code, and the suspension of the sentence, or of the execution revoked, and the judgment pronounced, the defendant must |