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§ 960. Not insufficient for defect of form not tending to prejudice defendant. No indictment or information is insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which does not tend to the prejudice of a substantial right of the defendant upon its merits. En. February 14, 1872. Am'd. 1880, 14. Cal.Rep.Cit. 56, 444; 58, 228; 61, 390; 64, 54; 64, 426; 65, 446; 75, 99; 77, 149; 78, 90; 80, 288; 81, 279; 88, 139; 90, 572; 93, 583; 102, 242; 103, 677; 106, 408; 120, 663; 125, 370; 127, 378; 133, 73; 137, 264; 138, 535. Crim. Prac. Act, sec. 247. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep.Cit. 9, 55; 28, 210; 28, 329; 31, 418; 39, 331.

§ 961. Presumptions of law, etc., need not be stated. Neither presumptions of law, nor matters of which judicial notice is taken, need be stated in an indictment or information. En. February 14, 1872. Am'd. 1880, 14.

Crim. Prac. Act, sec. 248. En. April 20, 1850. 1851, 290. En. 1851, 212.

Rep.

§ 962. Judgments, etc., how pleaded. In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction, it is not necessary to state the facts constituting jurisdiction; but the judgment or determination may be stated as given or made, or the proceedings had. The facts constituting jurisdiction, however, must be established on the trial. En. February 14, 1872.

Cal.Rep.Cit. 136, 393.

Crim. Prac. Act, sec. 249. E.n April 20, 1850. 1851, 290. En. 1851, 212.

Rep.

§ 963. Private statutes, how pleaded. In pleading a private statute, or a right derived therefrom, it is sufficient to refer to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof. En. February 14, 1872.

Cal.Rep.Cit. 115, 447; 126, 229.

Crim. Prac. Act, sec. 250. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 964. Pleading for libel. An indictment or information for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter on which the indictment or information is founded; but it is sufficient to state generally that the same was published concerning him, and the fact that it was so published must be established on the trial. En. February 14, 1872. Am'd. 1880, 14.

Crim. Prac. Act, sec. 251. 1851, 290. En. 1851, 212.

En. April 20, 1850. Rep.

§ 965. Pleading for forgery, where the instrument has been destroyed or withheld by defendant. When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or the procurement of the defendant, and the fact of such destruction or withholding is alleged in the indictment or information, and established on the trial, the misdescription of the instrument is immaterial. En. February 14, 1872. Am'd. 1880, 14.

Crim. Prac. Act, sec. 252. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 966. Pleading for perjury or subornation of perjury. In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court and before whom the oath alleged to be false was taken, and that the court, or the person before whom it was taken, had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person

before whom the perjury was committed. En. February 14, 1872. Am'd. 1880, 14.

Cal.Rep.Cit. 137, 264.

64, 341; 77, 14; 113, 75; 124, 464; 131, 249;

Crim. Prac. Act, sec. 253. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

See ante, secs. 118, 127.

In an

§ 967. Pleading for larceny or embezzlement. indictment or information for the larceny or embezzlement of money, bank-notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank-notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof. En. February 14, 1872. Am'd. 1873-4, 438; 1880, 15.

Cal. Rep.Cit. 89, 226; 100, 439; 106, 323; 108, 541.
See ante, secs. 954, 958.

§ 968. Pleading for selling, exhibiting, etc., lewd and obscene books. An indictment or information for exhibiting, publishing, passing, selling, or offering to sell, or having in possession, with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper, or writing; but it is sufficient to state generally the fact of the lewdness or obscenity thereof. February 14, 1872. Am'd. 1880, 15.

En.

§ 969.

pealed.)

Previous conviction of another offense.
En. February 14, 1872. Am'd. 1873-4, 438.

(Re

Rep.

Cal. Rep.Cit.

1880, 15.

57, 560; 57, 561; 64, 154; 64, 339; 64, 340; 64, 403; 65, 298; 73, 447; 73, 451; 88, 118; 138, 535. 970. Indictment against several, one or more may be acquitted. Upon an indictment or information against

several defendants, any one or more may be convicted or acquitted. En. February 14, 1872. Am'd. 1880, 15.

Crim. Prac. Act, sec. 254. 1851, 290. En. 1851, 212.

En. April 20, 1850.

Rep.

§ 971. Distinction between accessory before the fact and principal abrogated. The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals, and no other facts need be alleged in any indictment or information against such an accessory than are required in an indictment or information against his principal. En. February 14, 1872. Am'd. 1873-4, 438; 1880, 15.

Cal.Rep.Cit. 66, 393; 78, 87; 78, 89; 122, 492; 123, 412.

Crim. Prac. Act, sec. 255. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep. Cit. 6, 24; 27, 341; 40, 141.

§ 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. En. February 14, 1872. Am'd. 1873-4, 439; 1880, 15.

Crim. Prac. Act, sec. 256. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

TITLE VI.

OF PLEADINGS AND PROCEEDINGS AFTER INDICTMENT AND BEFORE THE COMMENCEMENT OF THE TRIAL.

Chapter I. Of the Arraignment of the Defendant, §§ 976

990.

II. Setting Aside the Indictment, §§ 995-999.

III.

IV.

V.

Demurrer, §§ 1002-1012.

Plea, §§ 1016-1025.

Transmission of Certain Indictments from the

County Court to the District Court or Municipal Criminal Court of San Francisco, §§ 1028-1030.

VI. Removal of the Action before Trial, §§ 10331038.

VII.

VIII.

The Mode of Trial, §§ 1041-1043.

Formation of the Trial Jury and the Calendar of Issues for Trial, §§ 1046-1049.

IX. Postponement of the Trial, § 1052.

CHAPTER I.

OF THE ARRAIGNMENT OF THE DEFENDANT.

Defendant must be arraigned in the court where the indictment is filed or transferred.

Defendant, when to be present at arraignment.

If discharged on bail, bench-warrant to issue.
Bench-warrant, by whom and how issued.

Directions in the bench-warrant.

§ 976.

§ 977.

§ 978.

If in custody, to be brought before court.

§ 979.

§ 980.

§ 981.

Form of bench-warrant.

§ 982.

§ 983.

§ 984.

§ 985.

Ordering defendant into custody or increasing bail when indictment is for felony.

§ 986.

§ 987.

§ 988.

§ 989.

§ 990.

Bench-warrant, how served.

Proceeding on giving bail in another county.

Defendant, if present when order made, to be committed; if not, bench-warrant to issue.

Right to counsel on arraignment.

Arraignment, how made.

Proceedings on arraignment, when defendant is not indicted by his true name.

Time allowed, and how defendant may answer on arraign

ment.

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