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on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the state; and except also that in the case of offenses hereafter committed the testimony on behalf of the people or the defendant of a witness deceased, insane, out of jurisdiction, or who cannot, with due diligence, be found within the state, given on a former trial of the action in the presence of the defendant who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, may be admitted. 1911-364.
687. No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.
688. No person can be compelled, in a criminal action, to be a witness against himself; nor can a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge.
689. No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon judgment against him upon a demurrer in the case mentioned in section one thousand and eleven, or upon a judgment of a court, a jury having been waived in a criminal case not amounting to felony. 1880—4.
Prevention of Public Offenses.
Chapter I. Lawful Resistance.
II. Intervention of the Officers of Justice.
Lawful Resistance. 692. Lawful resistance, by 694. Other parties, what
whom made. 693. By party, what cases,
692. Lawful resistance to the commission of a public offense may be made:
1. By the party about to be injured;
2. By other parties. 693. Resistance sufficient to prevent the offense may be made by the party about to be injured:
1. To prevent an offense against his person, or his family, or some member thereof.
2. To prevent an illegal attempt by force to take or injure property in his lawful possession.
694. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.
Intervention of the Officers of Justice.
697. Intervention officers, 698. Officers, assisting justiwhat cases.
fiable. 697. Public offenses may be prevented by the intervention of the officers of justice;
1. By requiring security to keep the peace;
2. By forming a police in cities and towns, and by requiring their attendance in exposed places;
3. By suppressing riots. 698. When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in doing so.
Security to keep the Peace.
701. Information threatened
offense. 702. Examination complain
ant, and witnesses. 703. Warrant of arrest. 704. Proceedings on charges,
controverted. 705. Person complained of,
when discharged. 706. Security to keep peace,
when. 707. Giving security, etc.
708. Persons committed, fail
ure, how discharged. 709. Undertaking, where filed,
security. 710. Assault in presence of
court, security. 711. Undertaking, when
broken. 712. Undertaking, how prose
cuted. 713. Evidence of breach. 714. Security for peace, limit.
ed this chapter.
701. An information may be laid before any of the magistrates mentioned in section eight hundred and eight, that a person has threatened to commit an offense against the person or property of another.
702. When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing, and cause them to be subscribed by the parties making them.
703. If it appears from the depositions that there is just reason to fear the commission of the offense threatened, by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, marshal, or policeman in the state, reciting the substance of the information and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate.
704. When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate, must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses. The magistrate may, in his discretion, order the testimony and proceedings to be taken down in shorthand, and for that purpose he may appoint a shorthand reporter. The deposition or testimony of the witnesses must be authenticated in the form prescribed in section eight hundred sixty-nine of this code. 1917–146.
705. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.
706. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace towards the people of this state, and particularly towards the informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required.
707. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirements to give security, the amount thereof, and the omission to give the same.
708. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate, upon giving the same.
709. The undertaking must be filed by the magistrate in the office of the clerk of the county.
710. A person who, in the presence of a court of magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security, as in this chapter provided, and if he refuse to do so, may be committed as provided in section seven hundred and
711. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken.
712. Upon the district attorney's producing evidence of such conviction to the superior court of the county, the court must order the undertaking to be prosecuted, and the district attorney must thereupon commence an action upon it in the name of the people of this state. 1880--32.
713. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach.
714. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this chapter.
Police in Cities and Towns, and Their Attendance at Exposed
719. Organization and regu- 720. Public meetings, peace, lation police.
etc. 719. The organization and regulation of the police, in the cities and towns of this state, is governed by special laws.
720. The mayor or other officer having the direction of the police of a city or town must order a force, sufficient to preserve the peace, to attend any public meeting, when he is satisfied that a breach of the peace is reasonably apprehended.
Suppression of Riots.
723. Power of the sheriff in 726. Magistrates and officers; riots generally.
to command rioters dis724. Officers to certify names
perse. of resisters.
727. To arrest upon failure. 734. National guards, arms
generally. 723. When a sheriff or other public officer authorized to execute process finds, or has reason to apprehend that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the persons resisting, their aiders and abettors.
724. The officer must certify to the court from which the process issued the names of the persons resisting, and their aiders and abettors, to the end that they may be proceeded against for their contempt of court.
726. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies, the officials governing the town or city, or the justices of the peace and constables thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse.