§ 1425. Jurisdiction of justices' courts. The justices' courts have jurisdiction of the following public offenses committed within the respective counties in which such courts are established: 1. Petit larceny: 2. Assault or battery not charged to have been committed upon a public officer in the discharge of his duties, or to have been committed with such intent as to render the offense a felony ; 3. Breaches of the peace, riots, routs, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment. Legislation § 1425. 1. Addition by Stats. 1901, p. 498; uneonstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 705; the code commissioner saying, "This is a new section containing the matter now in § 115 of the Code of Civil Procedure." § 1426. Proceedings must be commenced by complaint. All proceedings and actions before a justice's or police court, for a public offense of which such courts have jurisdiction, must be commenced by complaint under oath, setting forth the offense charged, with such particulars of time, place, person, and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint. Police courts, organization, etc.: See Pol. Code, §§ 4424 et seq. seq. Police judge, provisions relating to: See Pol. Code, §§ 4424-4432. Jurisdiction of police court over various offenses: See Pol. Code, §§ 4426, 4427. Legislation § 1426. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 280, § 608, which (1) had “justice's, recorder's, or mayor's court" instead of "justice's or police court." but (2) did not have the words "under oath" after "by complaint." § 1426a. Complaint for misdemeanor. A complaint for any misdemeanor triable in a justices' or police court must he filed within one year after its commission. Legislation § 1426a. Added by Stats. 1909, p. 979. § 1427. When warrant of arrest must issue. Form of warrant. In case of offense by corporation. If the justice of the peace, or police judge, is satisfied therefrom that the offense complained of has been committed, he must issue a warrant of arrest, which must 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: me, "Complaint upon oath having been this day made before (justice of the peace or police judge, as the case may be), by C. D., that the offense of (designating it generally) has been committed, and accusing E. F. thereof; you are therefore commanded forthwith to arrest the abovenamed E. F. and bring him before me forthwith, at (naming the place). "Witness my hand and seal at A. D. this day of If it appears that the offense complained of has been committed by a corporation, no warrant of arrest need issue, but the justice of the peace or police judge must issue a summons substantially in the form prescribed in section thirteen hundred and ninety-one. Such summons must be served at the time and in the manner designated in section thirteen hundred and ninety-two. At the time named in the summons the corporation may appear by counsel and answer the complaint. If it does not appear, a plea of not guilty must be entered, and the same proceedings had therein as in other cases. [Amendment approved 1905; Stats. 1905, p. 706.] Arrest by peace-officer: Ante, § 836. Arrest by private person: Ante, § 837. Arrest by oral order of magistrate: Ante, § 838. Duty of officer or person making arrest: Ante, §§ 847, 848. Warrant of arrest, issuance of: See ante, § 813. Proceedings if corporation does not appear: See ante, § 1396. Legislation § 1427. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §§ 150, 151); in substance the same as Crim. Prac. Act, Stats. 1851, p. 280, § 610. 2. Amendment by Stats. 1901, p. 499; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 706, (1) in introductory paragraph and in the form, changing "police justice" to "police judge”; (2) adding the final paragraph. § 1428. Minutes, how kept. A docket must be kept by the justice of the peace or police justice, or by the clerk of the courts held by them, if there is one, in which must be entered each action and the proceedings of the court therein. Plea to be entered in minutes: See post, § 1429. Legislation § 1428. Prac. Act, Stats. 1851, p. 281, § 613, which read: "§ 613. A docket 1. Enacted February 14, 1872; based on Crim. shall be kept by the justice, mayor, or recorder, or in the recorder's court, by the clerk of the court, if there be one, in which he shall enter each action, and the minutes of the proceedings of the court therein." § 1429. The plea, and how put in. The defendant may make the same plea as upon an indictment, as provided in section ten hundred and sixteen. His plea must be oral, and entered in the minutes. If the defendant plead guilty, the court may, before entering such plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed; and if it appear to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any indictment which may be found against him by the grand jury, or any information which may be filed by the district attorney. [Amendment approved 1880; Code Amdts. 1880, p. 30.] Pleas: See ante, § 1016. Plea of guilty, proceedings on: See post, § 1445. Legislation § 1429. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 700); based on Crim. Prac. Act, § 611, as amended by Stats. 1860, p. 71, § 1, which read: "§ 611. On being arrested, the defendant may plead to the complaint or he may answer and deny the same. Such plea, answer, or denial, may be oral or in writing, and immediately thereafter the case shall be tried, unless, for good cause shown, an adjournment or change of venue shall be granted. If an adjournment or change of venue be granted, the defendant may be held to bail. apply for a change of the place of trial, and make it appear by affiIf the defendant, at any time before the trial, davit that he has reason to believe, and does believe, that he cannot have a fair and impartial trial before the justice about to try the cause, by reason of prejudice or bias of such justice, the cause shall be transferred to another justice of the same or a neighboring township for trial. It shall be the duty of the justice ordering the change to require the defendant to appear before the justice to whom the transfer is made, on a day named for trial, also all witnesses, and to transmit to such justice a certified transcript of his docket, and all original papers in the cause. show to the satisfaction of the justice, by his own affidavit or otherShould the defendant wise, that he cannot have a fair and impartial trial, by reason of the prejudice of the citizens of the township, the cause shall be transferred to a justice of a neighboring township; provided, if it appear by the defendant's affidavit that the same prejudice exists in any other township or townships, the cause shall be transferred to some township where no such prejudice exists." When § 1429 was enacted in 1872, it was composed of the first two sentences, having, at end, "upon the minutes" instead of "in the minutes." 2. Amended by Code Amdts. 1873-74, p. 453, (1) in second sentence, changing "upon the minutes" to "in the minutes"; (2) adding the final sentence, which then ended with the words "by the grand jury." 3. Amended by Code Amdts. 1880, p. 30, adding "or any informa tion which may be filed by the district attorney," at end of section. § 1430. Issue, how tried. Upon a plea other than a plea of guilty, if the parties waive a trial by jury, and an adjournment or change of venue is not granted, the court must proceed to try the case. [Amendment approved 1880; Code Amdts. 1880, p. 5.] Jury trial, how waived: Post, § 1435. Legislation § 1430. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 701); based on Crim. Prac. Act, Stats. 1851, p. 281, §§ 611, (q. v., as amended by Stats. 1860, ante, Legislation § 1429,) 614, the latter section reading, "§ 614. The defendant shall be entitled, if demanded by him, to a jury trial. The formation of the juries is provided for by special statute.” When enacted in 1872, § 1430 read: "1430. Upon a plea other than a plea of guilty, if the defendant does not demand a trial by jury, or an adjournment or change of venue is not granted, the court must proceed to try the case." 2. Amended by Code Amdts. 1880, p. 5. § 1431. Change of venue, when granted. If the action or proceeding is in a justice's court, a change of the place of trial may be had at any time before the trial commences: 1. When it appears from the affidavit of the defendant that he has reason to believe, and does believe, that he cannot have a fair and impartial trial before the justice about to try the case, by reason of the prejudice or bias of such justice, the cause must be transferred to another justice of the same or an adjoining township; 2. When it appears from affidavits that the defendant cannot have a fair and impartial trial, by reason of the prejudice of the citizens of the township, the cause must be transferred to a justice of a township where the same prejudice does not exist. Change of venue: Ante, §§ 1033, 1034. Legislation § 1431. Enacted February 14, 1872; based on Crim. Prac. Act, § 611, as amended by Stats. 1860, p. 71, § 1, q. v., ante, Legislation § 1429. § 1432. Upon change of venue, papers, etc., must be transmitted. Proceedings on change of venue. When a change of the place of trial is ordered, the justice must transmit to the justice before whom the trial is to be had all the original papers in the cause, with a certified copy of the minutes of his proceedings; and upon receipt thereof, the justice to whom they are delivered must proceed with the trial in the same manner as if the proceeding or action had been origi nally commenced in his court. Transfer of records, etc., of the action: Ante, § 1036. Legislation § 1432. Enacted February 14, 1872; based on Crim. Prac. Act, § 611, as amended by Stats. 1860, p. 71, § 1, q. v., ante, Legislation § 1429. § 1433. Postponement of the trial. Before the commencement of a trial in any of the courts mentioned in this chapter, either party may, upon good cause shown, have a reasonable postponement thereof. Legislation § 1433. Enacted February 14, 1872; based on Crim. Prac. Act, § 611, as amended by Stats. 1860, p. 71, § 1, q. v., ante. Legislation § 1429. § 1434. Defendant to be present. The defendant must be personally present before the trial can proceed. Presence of defendant, necessity of: See ante, § 1043; post, § 1438. New trial where defendant was absent: See post, § 1451. Legislation § 1434. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 281, § 612, which read: "§ 612. The defendant must in all cases be personally present before the trial shall proceed." § 1435. Jury trial, how waived. A trial by jury may be waived by the consent of both parties expressed in open court and entered in the docket. The formation of the jury is provided for in chapter one, title three, part one, of the Code of Civil Procedure. [Amendment approved 1880; Code Amdts. 1880, p. 5.] Constitutional provision. "A trial by jury may be waived in all eriminal cases, not amounting to felony, by the consent of both parties, expressed in open court. . . . In ... cases of misdemeanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court": Const. 1879, art. i, § 7. Waiver of jury: See ante, § 1042. Legislation § 1435. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 281, § 614, which read: "§ 614. The defendant shall be entitled, if demanded by him, to a jury trial. The formation of the juries is provided for by special statute." When § 1435 was enacted in 1872, the first sentence read, "Before the court hears any testimony upon the trial, the defendant may demand a trial by jury," the second sentence reading as at present. 2. Amended by Code Amdts. 1880, p. 5. § 1436. Challenges. The same challenges may be taken by either party to the panel of jurors, or to any individual juror, as on the trial of an indictment for a misdemeanor; but the challenge must in all cases be tried by the court. General causes of challenge: Ante, § 1072. |