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803. An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed.

CHAPTER III.

The Information.

806. Complaint, what.
807. Magistrate, defined.
808. Who are magistrates.

809. Filing information.
810. Information, proceedings

when lost.

806. The complaint is the allegation in writing made to a court or magistrate that a person has been guilty of some designated offense. 1880-12.

807. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

808. The following persons are magistrates:
1. The justices of the supreme court;
2. The judges of the superior court;
3. The judges of the municipal court;
4. Justices of the peace;
5. Police magistrates in towns or cities. 1925.

809. When a defendant has been examined and committed, as provided in section eight hundred and seventy-two of this code, it shall be the duty of the district attorney, within thirty days thereafter, to file in the superior court of the county in which the offense is triable an information charging the defendant with such offense. The information shall be in the name of the people of the state of California, and subscribed by the district attorney, and shall be in form like an indictment for the same offense. 1880-12.

810. If the information or other pleading in any criminal action now pending, or which may be hereafter commenced, has heretofore been lost or destroyed, or shall hereafter be lost or destroyed, the court must upon the application of the attorney-general, district attorney, or the defendant, order a copy of the information or other pleading to be filed and substituted for the original, and when filed and substituted, as provided in this section, it shall have the same force and effect as if it were the original information or other pleading. 1907—889.

CHAPTER IV.

The Warrant of Arrest.

811. Examination prosecutor,

witness, etc. 812. Depositions, what to con

tain. 813. When warrant may is

sue. 814. Form of warrant. 815. Warrant generally. 816. Warrant, how directed

and executed. 817. Who are peace officers. 818. To whom warants are

directed. 819. Same; how executed in

another county.
820. Warrant, for service in

another county, gener-
ally,

821. Defendant must be taken

before magistrate issu

ing warrant. 822. Misdemeanor, defendant

arrested out of county.

Bail. 823. Proceedings, on bail. 824. Bail,

failure to give. Proceedings. 825. Attorney, when may vis

it prisoner. 826. Proceedings before an

other magistrate.
827. Offenses triable another

county.
828. Duty of officer.
829. Admission to bail.

811. When an information is laid before a magistrate of the commission of a public offense, triable within the county, he must examine on oath the informant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.

812. The deposition must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the offense and the guilt of the defendant.

813. If the magistrate is satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he must issue a warrant of arrest.

814. A warrant of arrest is an order in writing, in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

County of The people of the State of California to any Sheriff, Constable, Marshal, or Policeman of said State, or of the County of

Information on oath having been this day laid before me, by A. B., that the crime of

(designating it) has been committed, and accusing C. D. thereof, you are therefore commanded forthwith to arrest the above-named C. D. and bring him before

me at (naming the place), or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county. Dated at this day of

, eighteen

815. The warrant must specify the name of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state the time of issuing it, and the county, city, or town where it is issued, and be signed by the magistrate, with his name of office.

816. The warrant must be directed to and executed by a peace-officer.

817. A peace officer is a sheriff of a county, or a constable, marshal, or policeman of a town, city or town, or inspectors of the California state board of pharmacy, not exceeding ten in number, or special agents, not exceeding two in number, or assistant special agents, not exceeding two in number, of the board of medical examiners of the State of California. 1921–98.

818. If a warrant is issued by a justice of the supreme court, or judge of a superior court, it may be directed generally to any sheriff, constable, marshal, or policeman in the state, and may be executed by any of those officers to whom it may be delivered. 1880–33.

819. If it is issued by any other magistrate, it may be directed generally to any sheriff, constable, marshal, or policeman in the county in which it is issued, and may be executed in that county; or, if the defendant is in another county, it may be executed therein upon the written direction of a magistrate of that county, indorsed upon the warrant, signed by him, with his name of office, and dated at the county, city, or town where it is made, to the following effect: “This warrant may be executed in the county of—" (naming the county).

820. The endorsement metioned in the last section cannot, however, be made unless the warrant of arrest be accompanied with a certificate of the clerk of the county where such warrant was issued, under the seal of the superior court thereof, as to the official character of the magistrate, or, unless upon oath of a credible witness, in writing, indorsed or annexed to the warrant, proving the handwriting of the magistrate by whom it was issued. Upon such proof, the magistrate endorsing the warrant is exempted from liability to a civil or criminal action, though it afterwards appear that the warrant was illegally or improperly issued.

1880–33. 821. If the offense charged is a felony, the officer making the arrest must take the defendant before the magistrate who issued the warrant, or some other magistrate of the same county, as provided in section eight hundred twenty-four.

822. If the offense charged is a misdemeanor, and the defendant is arrested in another county, the officer must, upon being required by the defendant take him before a magistrate in that county, who must admit the defendant to bail, and take bail from him accordingly.

823. On taking the bail, the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer must then discharge the defendant from arrest, and must, without delay, deliver the warrant and undertaking to the clerk of the court at which the defendant is required to appear.

824. If, on the admission of the defendant to bail, the bail is not forthwith given, the officer must take the defendant before the magistrate who issued the warrant, or, in case of his absence or inability to act, before the nearest or most accessible magistrate in the same county, and must at the same time deliver to the magistrate the warrant, with his return thereon indorsed and subscribed by him.

825. The defendant must in all cases be taken before the magistrate without unnecessary delay, and after such arrest, any attorney at law entitled to practice in the courts of record of California, may at the request of the prisoner or any relative of such prisoner, visit the person so arrested. Any officer having charge of the prisoner so arrested who willfully refuses or neglects to allow such attorney to visit a prisoner is guilty of a misdemeanor. Any officer having a prisoner in charge, who refuses to allow an attorney to visit the prisoner when proper application is made therefor shall forfeit and pay to the party aggrieved the şum of five hundred dollars, to be recovered by action in any court of competent jurisdiction. 1907-888.

826. If the defendant is brought before a magistrate other than the one who issued the warrant, the depositions on which the warrant was granted must be sent to that magistrate, or, if they cannot be procured, the prosecutor and his witnesses must be summoned to give their testimony anew.

827. When an information is laid before a magistrate of the commission of a public offense triable in another county of the state, but showing that the defendant is in the county where the information is laid, the same proceedings must be had as prescribed in this chapter, except that the warrant must require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offense is triable, and the depositions of the informant or prosecutor, and of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered.

828. The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver to him the depositions and the warrant, with his return indorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.

.829. If the offense charged in the warrant issued pursuant to section eight hundred twenty-seven is a misdemeanor, the officer must, upon being required by the defendant, take him before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail, and immediately transmit the warrant, depositions, and undertaking, to the clerk of the court in which the defendant is required to appear.

CHAPTER V.

Arrest by Whom and How Made.

Ву

834. Arrest, defined.

whom made. 835. Arrest, and what re

straint allowed. 836. Arrest by peace officers. 837. Arrest by private per

son. 838. Magistrates may order

an arrest. 839. Persons making arrest

may summon assistance. 840. Arrest, without war

rant. 841. Arrest, how made.

842. Warrant, shown, when. 843. What force may be used. 844. Doors, etc., when may be

broken. 845. Same. 846. Weapons, when taken

from persons. 847. Private persons, making

arrests, duty.
848. Arresting with warrant.
849. Same, without warrant.

Information filed.
850. Arrest by telegraph.
851. Same.

834. An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace-officer or by a private person.

835. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention.

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