material witnesses against the defendant, may be required to procure sureties for their appearance, as provided in the last section. En. February 14, 1872.

Crim. Prac. Act, sec. 172. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 881. Witnesses to be committed on refusal to give security for their appearance. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legally discharged. En. February 14, 1872.

Cal.Rep.Cit. 61, 59.

Crim. Prac. Act, sec. 173. En. April 20, 1850. 1851, 290. En. 1851, 212.

Rep.

§ 882. Witness unable to give security may be conditionally examined. Not applicable to prosecutor or accomplice. When, however, it satisfactorily appears by examination, on oath, of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people. Such examination must be by question and answer, in the presence of the defendant, or after notice to him, if on bail, and conducted in the same manner as the examination before a committing magistrate is required by this code to be conducted, and the witness thereupon be discharged; but this section does not apply to an accomplice in the commission of the offense charged. En. February 14, 1872. Am'd. 1877-8, 122.

Cal.Rep.Cit. 49, 38; 64, 86; 84, 603; 84, 604.

Crim. Prac. Act, sec. 174. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Crim. Prac. Act, sec. 175. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Constitutional provision.-The constitution provides that "the legislature shall have power to provide for the

taking, in the presence of the party accused and his counsel, of depositions of witnesses in criminal cases, other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend at the trial": Art. I, sec. 13.

§ 883. Magistrate to return depositions, etc., to the court. When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the clerk of the court at which the defendant is required to appear, the warrant, if any, the depositions, and all undertakings of bail, or for the appearance of witnesses, taken by him. En. February 14, 1872.

Cal.Rep.Cit. 66, 664; 67, 232; 109, 449; 113, 285; 133, 333. Crim. Prac. Act, sec. 176. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

TITLE IV.

OF PROCEEDINGS AFTER COMMITMENT AND BE

FORE INDICTMENT.

Chapter I. Preliminary Provisions, §§ 888-890.

II.

III.

Formation of the Grand Jury, §§ 894-910.

Powers and Duties of a Grand Jury, §§ 915929.

IV. Presentment and Proceedings thereon, §§ 931

937.

CHAPTER I.

PRELIMINARY PROVISIONS.

Offenses, how prosecuted.

§ 888.

§ 889.

What by accusation or information.

§ 890.

Indictments and accusations, in what court found.

§ 888. Offenses, how prosecuted. All public offenses triable in the superior courts must be prosecuted by indictment or information, except as provided in the next section. En. February 14, 1872. Am'd. 1880, 12.

Cal.Rep.Cit. 57, 561; 59, 245; 85, 88; 111, 239; 111, 240. Crim. Prac. Act, sec. 177. En. April 20, 1850. 1851, 290. En. 1851, 212. Am'd. 1863, 158.

Rep.

§ 889. What by accusation or information. When the proceedings are had for the removal of district, county, municipal, or township officers, they may be commenced by an accusation or information, in writing, as provided in sections seven hundred and fifty-eight and seven hundred and seventy-two. En. February 14, 1872.

Cal.Rep.Cit. 59, 245; 97, 382; 111, 239; 111, 240; 111, 242. Crim. Prac. Act, sec. 178. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 890. Indictments and accusations, in what court found. All accusations, informations, or indictments against dis

trict, county, municipal, and township officers, must be found or filed in the superior court. En. February 14, 1872. Am'd. 1880, 34.

Crim. Prac. Act, sec. 179. En. April 20, 1850. 1851, 290. En. 1851, 212. Am'd. 1863, 158.

Rep.

§ 893. [No such section.]

Crim. Prac. Act, sec. 180. En. April 20, 1850. 1851, 290. En. 1851, 212.

§ 894.

§ 895.

FORMATION OF THE GRAND JURY.

Who may challenge the panel or an individual juror.
Cause of challenge to a panel.

§ 896.

§ 897.

Cause of challenge to an individual grand juror.
Manner of taking and trying challenges.

$ 898.

§ 899.

§ 900.

§ 901.

§ 902.

§ 903.

§ 904.

§ 905.

§ 906.

Decision upon challenges.

Effect of allowing a challenge to a panel.

Effect of allowing a challenge to an individual juror.
Objections can only be taken by challenge.

Appointment of a foreman.

Oath of foreman.

Oath of other grand jurors.

Charge of the court.

Retirement of the grand jury. Discharge of.

Special grand jury.

Order for special grand jury.

907.

§ 908.

§ 909.

Order, how executed.

Rep.

§ 894. juror.

Who may challenge the panel or an individual The people, or а person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual juror. En. February 14, 1872.

Crim. Prac. Act, sec. 181. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1854, 80.

See as to formation of grand jury: Code Civ. Proc., secs. 241 et seq.

$895. Cause of challenge to a panel. A challenge to the panel may be interposed for one or more of the following causes only:

1. That the requisite number of ballots was not drawn from the jury-box of the county.

2. That notice of the drawing of the grand jury was not given.

3. That the drawing was not had in the presence of the officers designated by law. En. February 14, 1872. Cal.Rep.Cit. 119, 3.

Crim. Prac. Act, sec. 182. 1851, 290. En. 1851, 212.

En. April 20, 1850. Rep.

§ 896. Cause of challenge to an individual grand juror. A challenge to an individual grand juror may be interposed for one or more of the following causes only:

First. That he is a minor.

Second. That he is an alien.

Third. That he is insane.

Fourth. That he is a prosecutor upon a charge against the defendant.

Fifth. That he is a witness on the part of the prosecution, and has been served with process or bound by an undertaking as such.

Sixth. That a state of mind exists on his part in reference to the case, or to either party, which will prevent him from acting impartially and without prejudice to the substantial rights of the party challenging; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety, provided it satisfactorily appear to the court upon his declaration, under oath or otherwise, that he can and will, notwithstanding such opinion, act impartially and fairly upon the matters to be submitted to him. En. February 14, 1872. Am'd. 1873-4, 436.

Cal. Rep. Cit. 76, 344. Subd. 276, 344. Subd. 6- 61, 165; 76, 344; 135, 151; 135, 152.

Crim. Prac. Act, sec. 183. En. April 20, 1850. Rep. 151, 290. En. 1851, 212. Am'd. 1870, 786.

Cal. Rep. Cit. 28, 469.