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ture may establish in any incorporated city or town, or city and county.

Art. VI, § 4. The supreme court shall have appellate jurisdiction on appeal on questions of law alone, in all criminal cases where judgment of death has been rendered; the said court shall also have appellate jurisdiction in all cases, matters and proceedings pending before a district court of appeal, which shall be ordered by the su preme court to be transferred to itself for hearing and decision, as hereinafter provided. . . .


The district courts of appeal shall have appellate jurisdiction on appeal. . . on questions of law alone, in all criminal cases prosecuted by indictment or information in a court of record, excepting criminal cases where judgment of death has been rendered.

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Art. VI, § 42. No judgment shall be set aside, or new trial granted, in any case, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.


Art. VI, § 5. The superior court shall have original jurisdiction . . in all criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for. . . . They shall have appellate jurisdiction in such cases arising in justices' and other inferior courts in their respective counties as may be prescribed by law. . . . Said courts, and their judges, shall have power to issue writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties. . . .

Art. VI, § 19. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Art. VI, § 20. The style of process shall be "The People of the State of California," and all prosecutions shall be conducted in their name and by their authority.

Art. VII, § 1. The governor shall have the power to grant reprieves, pardons, and commutations of sentence, after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason. the governor shall have power to suspend the execution of the sentence until the case shall be reported to the legislature at its next meeting. when the legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. The governor shall communicate to the legislature, at the beginning of every session, every case of reprieve or pardon granted, stating the name of the convict,

the crime for which he was convicted, the sentence, its date, the date of the pardon or reprieve, and the reasons for granting the same. Neither the governor nor the legislature shall have power to grant pardons, or commutations of sentence, in any case where the convict has been twice convicted of a felony, unless upon the written recommendation of a majority of the judges of the supreme court.

Art. XII, § 19. No railroad or other transportation company shall grant free passes, or passes or tickets at a discount, to any person holding any office of honor, trust, or profit in this state; and the acceptance of any such pass or ticket, by a member of the legislature or any public officer, other than railroad commissioner, shall work a forfeiture of his office.

Art. XX, § 2. Any citizen of this state who shall, after the adop tion of this constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this state or out of it, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this constitution.

Art. XX, § 10. Every person shall be disqualified from holding any office of profit in this state who shall have been convicted of having given or offered a bribe to procure his election or appointment.

Art. XX, § 11. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, persons convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.










Pen. Code-1


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