1252. § 1253. § 1254. § 1255. CHAPTER III. ARGUMENT OF THE APPEAL. Appeals, when to be heard and determined. Defendant need not be present. § 1252. Appeals, when to be heard and determined. All appeals in criminal cases must be heard and determined by the appellate court, within sixty days after the record is filed in said appellate court, unless continued on motion or with the consent of the defendant. En. February 14, 1872. Am'd. 1880, 10. Cal.Rep. Cit. 91, 29; 97, 249. Crim. Prac. Act, sec. 495. En. April 20, 1850. 1851, 290. En. 1851, 212. Rep. § 1253. Judgment cannot be reversed without argument. The judgment may be affirmed if the appellant fail to appear, but can be reversed only after argument, though the respondent fail to appear. En. February 14, 1872. Cal.Rep.Cit. 55, 298; 97, 248. Crim. Prac. Act, sec. 496. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1254. Number of counsel to be heard. Upon the argument of the appeal, if the offense is punishable with death, two counsel must be heard on each side, if they require it. In any other case the court may, in its discretion, restrict the argument to one counsel on each side. En. February 14, 1872. Cal.Rep.Cit. 55, 298. Crim. Prac. Act, sec. 497. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1854, 81. § 1255. Defendant need not be present. The defendant need not personally appear in the appellate court. En. February 14, 1872. Cal.Rep.Cit. 55, 298. Crim. Prac. Act, sec. 498. En. April 20, 1850. 1851, 290. En. 1851, 212. Am'd. 1863, 162. Rep. § 1258. § 1259. § 1260. § 1261. § 1262. § 1263. § 1264. § 1265. CHAPTER IV. JUDGMENT UPON APPEAL. Judgment without regard to technical errors. What may be reviewed on an appeal by defendant. May reverse, affirm, or modify the judgment, and order new trial. New trial, where to be had. Defendant discharged on reversal of judgment. Judgment to be executed on affirmance. Judgment of appellate court, how entered and remitteà. § 1258. Judgment without regard to technical errors. After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to exceptions, which do not affect the substantial rights of the parties. En. February 14, 1872. § 1259. What may be reviewed on an appeal by defendant. Upon an appeal taken by the defendant from a judgment, the court may review any intermediate order or ruling involving the merits, or which may have affected the judgment. En. February 14, 1872. Cal. Rep.Cit. 65, 100; 65, 101; 119, 2; 135, 372; 135, 374. 1851, 290. En. 1851, 212. Cal.Rep. Cit. 42, 624; 44, 95. Rep. § 1260. May reverse, affirm, or modify the judgment, and order new trial. The court may reverse, affirm, or modify the judgment or order appealed from, and may set aside, affirm, or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial. En. February 14, 1872. Cal.Rep.Cit. 94, 386. Crim. Prac. Act, sec. 500. 1851, 290. En. 1851, 212. En. April 20, 1850. Rep. § 1261. New trial, where to be had. When a new trial is ordered, it must be directed to be had in the court of the county from which the appeal was taken. En. February 14, 1872. Crim. Prac. Act, sec. 501. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1851, 407. § 1262. Defendant discharged on reversal of judgment. If a judgment against the defendant is reversed without ordering a new trial, the appellate court must, if he is in custody, direct him to be discharged therefrom; or if on bail, that his bail be exonerated; or if money was deposited instead of bail, that it be refunded to the defendant. En. February 14, 1872. Cal.Rep.Cit. 61, 380. Crim. Prac. Act, sec. 502. En. April 20, 1850. 1851, 290. En. 1851, 212. Rep. § 1263. Judgment to be executed on affirmance. judgment against the defendant is affirmed, the original judgment must be enforced. En. February 14, 1872. If a Crim. Prac. Act, sec. 503. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1264. Judgment of appellate court, how entered and remitted. When the judgment of the appellate court is given, it must be entered in the minutes, and a certified copy of the entry forthwith remitted to the clerk of the court from which the appeal was taken. En. February 14, 1872. Crim. Prac. Act, sec. 504. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal.Rep. Cit. 39, 104; 41, 210. § 1265. Jurisdiction ceases after judgment remitted. After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect must be made by the court to which the certificate is remitted. En. February 14, 1872. Crim. Prac. Act, sec. 506. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal.Rep.Cit. 39, 104; 41, 211. TITLE X. MISCELLANEOUS PROCEEDINGS. Chapter I. Bail, §§ 1268-1317. II. Who may be Witnesses in Criminal Actions, §§ 1321-1323. III. Compelling the Attendance of Witnesses, §§ 1326-1333. IV. Examination S$ 1335-1346. of Witnesses Conditionally, V. Examination of Witnesses on Commission, §§ 1349-1362. VI. VII. VIII. Inquiry into the Insanity of the Defendant Dismissal of the Action, Before or After In- IX. Proceedings Against Corporations, §§ 1390-1397. X. XI. Errors and Mistakes in Pleadings and other XII. Disposal of Property Stolen or Embezzled, XIII. Reprieves, Commutations, and Pardons, §§ 1417-1423. CHAPTER I. BAIL. Article I. In What Cases the Defendant may be Admitted to Bail, II. III. IV. V. §§ 1268-1274. Bail upon being Held to Answer before Indictment, 88 1277-1281. Bail upon an Indictment before Conviction, §§ 1284-1289. Deposit Instead of Bail, §§ 1295-1297. |