such period of time, not exceeding the maximum possible term of such sentence, and on such terms as it shall determine, and shall place the defendant on probation, under the charge and supervision of the probation officer during such suspension, to the end that he may be given the opportunity to pay the fine; provided, however, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease.

3. At any time during the probationary term of the person released on probation, in accordance with the provisions of this section, any probation officer may, without warrant, or other process, at any time until the final disposition of the case, rearrest any person so placed in his care and bring him before the court, or the court may, in his discretion, issue a warrant for the rearrest of any such person and may thereupon revoke and terminate such probation, if the interest of justice so requires, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, or otherwise, that the person so placed upon probation is violating the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment at any time after the said suspension of the sentence within the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the person shall be delivered over to the proper officer to serve his sentence.

4. The court shall have power at any time during the term of probation to revoke or modify its order of suspension of imposition or execution of sentence. It may, at any time, when the ends of justice will be subserved thereby, and when the good conduct and reform of the

person so held on probation shall warrant it, terminate the period of probation and discharge the person so held, and in all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall, at the end of the term of probation, be by the court discharged. En. February 14, 1872. Am'd. 1903, 34.

Cal.Rep.Cit. 122, 631.

§ 1204. Proof of former conviction, etc., in mitigation, how made. The circumstances must be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to attend, his deposition may be taken by a magistrate of the county, out of court, upon such notice to the adverse party as the court may direct. No affidavit or testimony, or representation of any kind, verbal or written, can be offered to or received by the court, or a judge thereof, in aggravation or mitigation of the punishment, except as provided in this and the preceding section. En. February 14, 1872.

§ 1205.

Duration of imprisonment on judgment to pay a fine. A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied. But the judgment must specify the extent of the imprisonment, which must not exceed one day for every two dollars of the fine, nor extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been convicted. En. February 14, 1872. Am'd. 1873-4, 455; 1891, 52.

83, 389; 83, 390;

73, 496; 83, 391; 84, 166; 94, 333; 94, 334;

84, 167; 85, 38; 97, 528; 113, 37.

88, 580; 88, 627; Crim. Prac. Act, sec. 459. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1206. Judgment to pay a fine constitutes a lien. A judgment that the defendant pay a fine constitutes a lien.

in like manner as a judgment for money rendered in a civil action. En. February 14, 1872.

Cal.Rep.Cit. 113, 37; 129, 548.

Crim. Prac. Act, sec. 460.

En. April 20, 1850. Rep.

1851, 290. En. 1851, 212. Am'd. 1857, 164.

Cal.Rep.Cit. 7, 209; 28, 414.

See post, sec. 1570. Compare with post, sec. 1214.

§ 1207. Entry of judgment and judgment-roll. When judgment upon a conviction is rendered, the clerk must enter the same in the minutes, stating briefly the offense for which the conviction was had, and the fact of a prior conviction, (if one) and must, within five days, annex together and file the following papers, which will constitute a record of the action:

1. The indictment or information, and a copy of the minutes of the plea or demurrer.

2. A copy of the minutes of the trial.

3. The charges given or refused, and the indorsements thereon. And,

4. A copy of the judgment. En. February 14, 1872. Am'd. 1873-4, 449; 1880, 26.

Cal.Rep.Cit. 28, 252; 31, 499; 31, 626; 37, 275; 37, 276;

43, 457; 44, 599.

§ 1213. § 1214.

§ 1215.

§ 1216.

§ 1217. § 1218.

§ 1219.

§ 1220.

§ 1221.

§ 1222.

§ 1223.

§ 1224.

§ 1225. § 1226. § 1227. § 1228. § 1229.

§ 1230.

§ 1213.

CHAPTER II.

THE EXECUTION.

Execution of a judgment other than of death.

If for fine alone, execution to issue as in civil cases.
Judgment of fine and imprisonment, how executed.
Judgment of imprisonment. Duty of sheriff.

Execution upon judgment of death.

Transmission of conviction and testimony to governor.
Governor may require opinion of supreme court thereon.
Judgment of death, when suspended.

Insanity of defendant, how determined.

Duty of district attorney upon inquisition.
Inquisition, how certified and filed.

Proceedings upon finding of jury.

Proceedings when female is supposed to be pregnant.
Proceedings upon the finding of the jury.

Judgment of death remaining in force, not executed.
Punishment of death, how inflicted.

Execution, where to take place and who to be present.
Return upon death-warrant.

Execution of a judgment other than of death. When a judgment, other than of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution. En. February 14, 1872.

Cal.Rep.Cit. 103, 413; 135, 342.

Crim. Prac. Act, sec. 643. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep.Cit. 28, 253; 31, 499; 31, 622; 43, 457; 103, 413. § 1214.

cases.

If for fine alone, execution to issue as in civil If the judgment is for a fine alone, execution may be issued thereon as on a judgment in a civil action. En. February 14, 1872.

Cal.Rep.Cit. 129, 548.

64, 156; 64, 438; 83, 390; 83, 391; 113, 37;

Crim. Prac. Act, sec. 464. En. April 20, 1850. Rep.

1851, 290. En. 1851, 212.

See ante, sec. 1206.

§ 1215. Judgment of fine and imprisonment, how executed. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer and by him detained until the judgment is complied with. Where, however, the court has suspended sentence, or where, after imposing sentence, the court has suspended the execution thereof and placed the defendant on probation, as provided in section twelve hundred and three of the Penal Code, the defendant, if over the age of sixteen years, must forthwith be placed under the care and supervision of the probation officer of the court committing him, until the expiration or the period of probation and the compliance with the terms and conditions of the sentence, or of the suspension thereof. Where, however, the probation has been terminated as provided in section twelve hundred and three of the Penal Code, and the suspension of the sentence, or of the execution revoked, and the judgment pronounced, the defendant must forthwith be committed to the custody of the proper officer and be detained until the judgment be complied with. En. February 14, 1872. Am'd. 1903, 35.

Cal. Rep.Cit. 63, 300; 64, 438; 83, 390; 94, 390.

Crim. Prac. Act, sec. 465. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep. Cit. 31, 627.

Payment of fine: See ante, sec. 1205.

§ 1216. Judgment of imprisonment. Duty of sheriff. If the judgment is for imprisonment in the state prison, the sheriff of the county must, upon receipt of a certified copy thereof, take and deliver the defendant to the warden of the state prison. He must also deliver to the warden the certified copy of the judgment, and take from the warden a receipt for the defendant. En. February 14, 1872.

Cal.Rep.Cit. 135, 340; 135, 342; 136, 21.
Execution: Ante, sec. 1213.