TITLE VIII. OF JUDGMENT AND EXECUTION. Chapter I. The Judgment, §§ 1191-1207. § 1191. § 1192. § 1193. CHAPTER I. THE JUDGMENT. Appointing time for judgmenť. Upon plea of guilty, court must determine degree. Defendant in custody, how brought for judgment. Bench-warrant to issue. Warrant, how served. Arraignment of defendant for judgment. $ 1194. § 1195. § 1196. § 1197. Form of bench-warrant. § 1198. § 1199. Arrest of defendant. § 1200. § 1201. § 1202. § 1203. § 1204. § 1205. § 1206. § 1207. What cause may be shown against the judgment. If no cause shown, judgment to be pronounced. Circumstances in aggravation or mitigation of punishment. § 1191. Appointing time for judgment. After a plea or verdict of guilty, or after a verdict against the defendant on the plea of a former conviction or acquittal, if the judgment be not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict, if the court intend to remain in session so long; but if not, then at as remote a time as can reasonably be allowed. En. February 14, 1872. Am'd. 1873-4, 449. Cal. Rep.Cit. 46, 96; 65, 174; 79, 632; 88, 174; 88, 177. Crim. Prac. Act, sec. 447. En. April 20, 1850. 1851, 290. En. 1851, 212. Cal.Rep.Cit. 45, 164. Rep. Crim. Prac. Act, sec. 448. 1851, 290. En. 1851, 212. En. April 20, 1850. Rep. § 1192. Upon plea of guilty, court must determine degree. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree. En. February 14, 1872. Cal. Rep.Cit. 49, 178; 52, 453; 73, 582; 137, 646. § 1193. Presence of defendant. For the purpose of judgment, if the conviction is for felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence. En. February 14, 1872. Cal.Rep.Cit. 68, 180; 79, 632. Crim. Prac. Act, sec. 449. 1851, 290. En. 1851, 212. Cal.Rep.Cit. 37, 279; 42, 168. En. April 20, 1850. Rep. Verdict in defendant's presence: See ante, sec. 1148. § 1194. Defendant in custody, how brought for judgment. When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so. En. February 14, 1872. Crim. Prac. Act, sec. 450. En. April 20, 1850. 1851, 290. En. 1851, 212. Rep. § 1195. How brought before the court when on bail. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addition to the forfeiture of the undertaking of bail, or of the money deposited, may direct the clerk to issue a bench-warrant for his arrest. En. February 14, 1872. Cal.Rep.Cit. 68, 180. Crim. Prac. Act, sec. 451. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. 1196. Bench-warrant to issue. The clerk, on the application of the district attorney, may, at any time after the order, whether the court be sitting or not, issue a bench-warrant into one or more counties. En. February 14, 1872. Crim. Prac. Act, sec. 452. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. The bench-warrant § 1197. Form of bench-warrant. 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: A. B., having been on the day of, A. D. eighteen hundred and, duly convicted in the superior court of the county of of the crime of (designating it generally), you are therefore commanded forthwith to arrest the above named A. B., and bring him before that court for judgment. Given under my hand with the seal of said court affixed, this day of A. D. eighteen hundred By order of the court. [Seal.] E. F., clerk. En. Am'd. 1880, 34. and February 14, 1872. Cal.Rep.Cit. 68, 180. Crim. Prac. Act, sec. 453. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 161. § 1198. Warrant, how served. The bench-warrant may be served in any county in the same manner as a warrant of arrest, except that when served in another county it need not be indorsed by a magistrate of that county. En. February 14, 1872. Crim. Prac. Act, sec. 454. 1851, 290. En. 1851, 212. 1199. Arrest of defendant. En. April 20, 1850. Rep. Whether the bench-war rant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court, or commit him to the officer mentioned in the warrant, according to the command thereof. En. February 14, 1872. Crim. Prac. Act, sec. 455. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1200. Arraignment of defendant for judgment. When the defendant appears for judgment, he must be informed by the court, or by the clerk, under its direction, of the nature of the charge against him, and of his plea, and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him. En. February 14, 1872. Am'd. 1880, 26. Cal.Rep.Cit. 64, 372; 70, 470; 87, 123; 88, 120; 88, 142; 88, 175; 88, 178; 102, 231; 114, 355; 118, 390; 132, 140. Crim. Prac. Act, sec. 456. En. April 20, 1850. 1851, 290. En. 1851, 212. Cal.Rep.Cit. 31, 626. Rep. § 1201. What cause may be shown against the judgment. He may show, for cause against the judgment: 1. That he is insane; and if, in the opinion of the court, there is reasonable ground for believing him to be insane, the question of insanity must be tried as provided in chapter six, title ten, part two of this code. If, upon the trial of that question, the jury find that he is sane, judgment must be pronounced, but if they find him insane, he must be committed to the state lunatic asylum until he becomes sane; and when notice is given of that fact, as provided in section one thousand three hundred and seventy-two, he must be brought before the court for judgment. 2. That he has good cause to offer, either in arrest of judgment or for a new trial; in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial. En February 14, 1872. Cal.Rep.Cit. 62, 55; 68, 180; 70, 471; 114, 355. Subd. 1— 122, 411. Crim. Prac. Act, sec. 457. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Punishment of person while insane: See post, sec. 1367. § 1202. If no cause shown, judgment to be pronounced. If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must thereupon be rendered. En. February 14, 1872. Cal.Rep.Cit. 70, 471; 133, 123. Crim. Prac. Act, sec. 458. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Judgment, rendition of.-After a plea or verdict of guilty, the court must appoint a time for pronouncing judgment, as provided in sec. 1191, ante. § 1203. Circumstances in aggravation or mitigation of punishment. After plea or verdict of guilty, where discretion is conferred upon the court as to the extent of the punishment, the court, upon oral suggestions of either party that there are circumstances which may properly be taken into view, either in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time, and upon such notice to the adverse party as it may direct. At such specified time, if it shall appear by the record furnished by the probation officer, or otherwise, and from the circumstances, of any person over the age of sixteen years so having plead guilty or having been convicted of the crime, that there are circumstances in mitigation of the punishment, or that the ends of justice will be subserved thereby, the court shall have power, in its discretion, to place the defendant upon probation in the manner following: 1. The court, judge or justice thereof, may suspend the imposing of sentence and may direct that such suspension may continue for such period of time, not exceeding the maximum possible term of such sentence, and upon such terms and conditions as it shall determine, and shall place such person on probation, under the charge and supervision of the probation officer of said court during such suspension. 2. If the judgment is to pay a fine, and that the defendant be imprisoned until it be paid, the court, judge, or justice, upon imposing sentence, may direct that the execution of the sentence of imprisonment be suspended for |