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666. Every person who, having been convicted of petit larceny and having served a term therefor in any penal institution, commits any crime after such conviction, is punishable therefor as follows:

1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the state prison for any term exceeding five years, such person is punishable by imprisonment in the state prison not less than ten years.

2. If the subsequent conviction is for petit larceny, then the viction, the offender would be punishable by imprisonment in the state prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding ten years.

3. If the subsequent conviction is for petit larceny then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding five years.

1909_360. 667. Every person who, having been convicted of any offense punishable by imprisonment in the state prison, and having served a term therefor in any penal institution, commits any crime after such conviction, is punishable therefor as follows:

1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the state prison, such person is punishable by imprisonment in the state prison for the maximum period for which he might have been sentenced, if such offense had been his first offense.

2. If the subsequent offense is such that upon a first conperson convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding five years, provided, however, that any person who has been, or who shall hereafter be, sentenced to the state prison shall be subject to parole by the state board of prison directors, under the restrictions now provided by law for the parole of first-term prisoners, any act to the contrary notwithstanding. 1909—364.

668. Every person who has been convicted in any other state, government, or country, of an offense which, if committed within this state, would be punishable by the laws of this state by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed in the last two sections, and to the same extent as if such first conviction had taken place in a court of this state.

669. When any person is convicted of two or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent

conviction must commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be.

670. The term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual delivery of the defendant at the place of imprisonment, and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term.

671. Whenever any person is declared punishable for a crime by imprisonment in the state prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than that prescribed.

672. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding two hundred dollars, in addition to the imprisonment prescribed.

673. A sentence of imprisonment in a state prison for any term less than life 'suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power, during such imprisonment; provided, however, that in any such cases, if the person so sentenced be liberated from prison by parole under the terms and conditions of the parole laws of this state, that the board of prison directors or such other officals or official having power to grant paroles may permit to such person so paroled, civil right, other than the right to act as a trustee, or hold public office, or exercise the privilege of an elector, during the term of such parole. The scope or extent of such civil rights shall be determined by such board of directors or other officials having control of such paroled person, either at the time the parole is granted or at such other time as, in the judgment of such board or official, is for the best interest of society and such paroled person.

The board of directors or other official having control of the matter of paroles shall, at the time of permitting such civil rights, make a permanent record thereof, and give such paroled person a duly authenticated copy of such order or orders, and such record shall be a public record for the benefit of all persons requiring information in that behalf. 1919—34.

674. A person sentenced to imprisonment in the state prison for life is thereafter deemed civilly dead; provided, however, that in any such cases, if the person so sentenced be liberated from prison by parole under the terms and conditions of the parole laws of this state, the board of prison directors, or such other officials or official having power to grant paroles may permit to such person so paroled, civil rights, other than the right to act as a trustee, or hold public office, or exercise the privilege of an elector, during the term of such parole. The scope or extent of such civil rights shall be determined by such board of directors or other officials having control of such paroled person, either at the time the parole is granted or at such other time as, in the judgment of such board or other official, is for the best interest of society and such paroled person. The board of directors, or other official having control of the matter of paroles, shall, at the time of permitting such civil rights, make a permanent record thereof, and give such paroled person a duly authenticated copy of such order or orders, and such record be a public record for the benefit of all persons requiring information in that behalf. 1919–35.

675. The provisions of the last two preceding sections must not be construed to render the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property. 1874–435.

676. The person of a convict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced.

677. No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures. to the people of this state, in the nature of a deodand, or where any person shall flee from justice, are abolished.

678. Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in United States gold coin. 1874–435.

679. Any person or corporation within this state, or agent or officer on behalf of such person or corporation, who shall hereafter coerce or compel any person or persons to enter into an agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of such person or persons securing employment or continuing in the employment of any such person or corporation, shall be guilty of a misdemeanor. 1893—176.

679a. 1. It shall be unlawful for any person to sell, expose for sale, or offer for sale within this state, any article or articles manufactured wholly or in part by convict or other prison labor, except articles the sale of which is specifically sanctioned by law.

2. Every person selling, exposing for sale, or offering for sale any article manufactured in this state wholly or in part by convict or other prison labor, the sale of which is not specifically sanctioned by law, shall be guilty of a misdemeanor. 1901—326.

680. Every person who shall pay any employee his wages, or any part thereof, while such employee is in any saloon, bar-room, or other place where intoxicating liquors are sold at retail, unless said employee is employed in such saloon, bar-room, or such other place where intoxicating liquors are sold, shall be deemed guilty of a misdemeanor. 1901—660.

681. It shall be unlawful to use in the prisons or reformatory institutions of this state any cruel or unusual punishments; and punishment by the use of the straight-jacket, gag, thumb-screw, shower-bath, or the tricing-up of prisoners is hereby prohibited.

PART II.

CRIMINAL PROCEDURE. Preliminary Provisions. Title I. Prevention of Public Offenses. II. Judicial Proceedings for the Removal of Public Officers

by Impeachment or Otherwise. III. Proceedings in Criminal Actions Prosecuted by Indict

ment, to the Commitment, Inclusive.
IV. Proceedings After Commitment and Before Indictment.

V. The Indictment.
VI. Pleadings and Proceedings after Indictment and before

the Commencement of the Trial. VII. Proceedings after the Commencement of the Trial and

Before Judgment.
VIII. Judgment and Execution.

IX. Appeals to the Supreme Court.
X. Miscellaneous Proceedings.
XI. Proceedings in Justices and Police Courts and Appeals

to the Superior Courts. XII. Special Proceedings of a Criminal Nature. XIII. Proceedings for Bringing Persons Imprisoned in the

State Prison, or the Jail of Another County, Before a

Court.
XIV. Disposition of Fines and Forfeitures.

PRELIMINARY PROVISIONS

681. No

person punishable 686. Rights of defendant, except on conviction.

criminal action. 682. Public offenses, prosecu- 687. Same offense, second tion.

prosecution prohibited. 683. Criminal action, defined. 688. No person to be witness 684. Parties to criminal ac

against himself; criminal tion.

action. 685. Party prosecuted known 689. No person to be conas defendant.

victed but upon verdict

or judgment. 681. No person can be punished for a public offense, except upon a legal conviction in a court having jurisdiction thereof.

682. Every public offense must be prosecuted by indictment or information, except:

1. Where proceedings are had for the removal of civil officers of the state;

2. Offenses arising in the militia when in actual service, and in the land and naval forces in the time of war, or which the state may keep, with the consent of Congress, in time of peace;

3. Offenses tried in justices' and police courts;

4. All misdemeanors of which jurisdiction has been conferred upon superior courts sitting as juvenile courts. 1911—68.

683. The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action.

684. A criminal action is prosecuted in the name of the people of the state of California, as a party, against the person charged with the offense.

685. The party prosecuted in a criminal action is designated in this code as the defendant.

686. In a criminal action the defendant is entitled:

1. To a speedy and public trial.

2. To be allowed counsel as in civil actions, or to appear and defend in person and with councel.

3. To produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate and the testimony taken down by question and answer in the presence of the defendent, who has, either in person or by counsel, cross-examined or have an opportunity to cross-examine the witness; or where the testimony of a witness

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