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1181. When a verdict has been rendered against the defendant, the court may, upon his application, grant a new trial, in the following cases only:

1. When the trial has been had in his absence, if the indictment is for a felony;

2. When the jury has received any evidence out of court other than that resulting from a view of the premises;

3. When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or been guilty of any misconducts by which a fair and due consideration of the case has been prevented;

4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors;

5. When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial;

6. When the verdict is contrary to law or evidence.;

7. When new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly discovered evidence, the defendant must produce at the hearing, in support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length of time as, under all the circumstances of the case, may seem reasonable.

1182. The application for a new trial must be made before judgment, and the order granting or denying the same must be immediately entered by the clerk in the minutes. 19054697.


Arrest of Judgment. 1185. Motion in arrest of judg- 1187. Same, effect, etc. ment.

1188. Defendant, when held or 1186. Court may arrest with

discharged. out motion. 1185. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant, on a plea of a former conviction. It may be founded on any of the defects in the indictment or information mentioned in section ten hundred and four, unless the objection has been waived by a failure to demur, and must be made and determined before the judgment. is pronounced. When determined, the order must be immediately entered by the clerk in the minutes. 1909–1087.

1186. The court may, on its own motion, at any time before judgment is pronounced, arrest the judgment for any of the defects mentioned in the last section, by order for that purpose entered upon its minutes. 1909–1088.

1187. The effect of an order arresting the judgment is to place the defendant in the same situation in which he was before the indictment was found or information filed. 1905-698.

1188. If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment or information can be framed upon which he may be convicted, the court may order him to be recommitted to the officer of the proper county, or admitted to bail anew, to answer the new indictment or information. If the evidence shows him guilty of another offense, he must be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution. But if no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged; or if admitted to bail, his bail is exonerated; or if money has been deposited instead of bail, it must be refunded to the defendant; and the arrest or judgment shall operate as an acquittal of the charge upon which the indictment or information was founded. 1880—25.


Judgment and Execution.
Chapter I. The Judgment.
II. The Execution.


The Judgment. 1191. Time for pronouncing 1198. Warrant, how served. judgment.

1199. Arrest of defendant. 1192. Plea of guilty, proceed- 1200. Arraignment for judgings.

ment. 1192a. Criminal

conduct, in- 1201. Judgment, impeachment quiry as to.

of. 1193. Judgment, pronouncing,

1202. Judgment not pro1194. Judgment, when defend

nounced, new trial. ant present.

1202a. Imprisonment state pris: 1195. Same, when on bail.

Proceedings. 1196, Bench warrant to issue. 1203. Probation. Proceedings 1197. Form of bench warrant.



1204. Form of conviction, etc., 1206. Judgment, what lien. how made.

1207. Judgment and judgment 1205. Judgment for fine, gen

roll. eral directions. 1191. After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or acquittal, or once in jeopardy, the court must appoint a time for pronouncing judgment, which must not be less than two, nor more than five days after the verdict or plea of guilty; provided, however, that the court may extend the time not more than ten days for the purpose of hearing or determining any motion for a new trial, or arrest of judgment; and provided, further, that the court may extend the time not more than twenty days in any case. where the question of probation is considered in accordance with section 1203 of this code; provided, however, that upon the request of the defendant such time may be further extended not more than ninety days additional. If in the opinion of the court there is a reasonable ground for believing a defendant insane, the court may extend the time of pronouncing sentence until the question of insanity has been heard and determined, as provided in chapter VI, title X, part II, of this code. 1911—688.

1192. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree.

1192a. Before judgment is pronounced upon any person convicted of an offense punishable by imprisonment in the state prison, it shall be the duty of the court, assisted by the district attorney, to ascertain in a summary manner, and by such evidence as is obtainable, whether such person has learned and practiced any mechanical or other trade, and also such other facts tending to indicate the causes of the criminal character or conduct of such convicted person, or calculated to be of assistance to the court in determining the proper punishment of such person, or to the state board of prison directors in the performance of the duties imposed upon it by law, as the court shall deem proper. Within thirty days after judgment has been pronounced, the judge and the district attorney, respectively, shall cause to be filed with the clerk of the court a brief statement of their views respecting the person convicted or sentenced and the crime committed, together with such reports as the probation officer may have made relative to the prisoner. Within twenty days after the filing of such statement and reports, the clerk of the court shall mail a copy thereof, certified by such clerk, with postage thereon prepaid, addressed to the clerk of the prison to which such convicted person shall have been sentenced. The testimony pursuant to the provisions of this section shall be reported and transcribed by the clerk or official reporter. Within thirty days after judgment has been pronounced by the court, one copy of such transcript shall be filed with the clerk of the court, and another copy thereof shall be sent by mail, with

postage prepaid, addressed to the warden of the prison to which such convicted person shall have been sentenced. 1919–176.

1193. Judgment upon person convicted of the commission of crime shall be pronounced according to the provisions of this section, as follows:

1. If the conviction be for a felony, the defendant must be personally present when judgment is pronounced against him; provided, that when any judgment imposing the death penalty is stayed by an appeal taken therefrom, and such judgment be affirmed by the appellate court, sentence may be reimposed upon the defendant in his absence by the court from which such appeal was taken, and the manner following, to wit: Upon receipt by the superior court from which such appeal is taken of the certificate of the appellate court affirming such judgment, the judge of the said superior court shall forthwith make and cause to be entered an order pronouncing sentence anew against the defendant, and appointing. a day upon which the judgment shall be executed, which must not be less than sixty days nor more than ninety days from the time of making such order; and that, within five days thereafter, a certified copy of such order, attested by the clerk, under the seal of the court, must, for the purpose of execution, be transmitted by registered mail to the warden of the state prison' having the custody of the defendant.

2. If the conviction be of a misdemeanor, judgment may be pronounced against the defendant in his absence. 1923–626.

1194. When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so.

1195. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addition to the forfeiture of the undertaking of bail, or of the money deposited, may direct the clerk to issue a bench-warrant for his arrest.

1196. The clerk, on the application of the district attorney, may, at any time after the order, whether the court be sitting or not, issue a bench-warrant into one or more counties.

1197. The bench-warrant must be substantially in the following form: County of - The people of the State of California, to any Sheriff, Constable, Marshal, or Policeman in this State: A. B., having been on the- day of

A. D. eighteen hundred and

duly convicted in the superior court of the county of — of the crime of — (designating it generally) you are therefore commanded forthwith to arrest the above named A. B. and bring him before that court for judgment. Given under my hand, with the seal of said court affixed, this day of A. D. eighteen hundred and

By order of the court. [Seal.] E. F., Clerk. 1880–34.

1198. The bench-warrant may be served in any county in the same manner as a warrant of arrest, except that when served in another county it need not be indorsed by a magistrate of that county.

1199. Whether the bench-warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court or commit him to the officer mentioned in the warrant, according to the command thereof.

1200. When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the nature of the charge against him and of his plea, and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him. 1880-26.

1201. He may show, for cause against the judgment:

1. That he is insane; and if, in the opinion of the court, there is reasonable ground for believing him insane, the question of insanity must be tried as provided in chapter six, title ten, part two of this code. If, upon the trial of that question, the jury finds that he is sane, judgment must be pronounced, but if they find him insane, he must be committed to the state hospital for the care and treatment of the insane, until he becomes sane; and when notice is given of that fact, as provided in section one thousand three hundred and seventy-two, he must be brought before the court for judgment;

2. That he has good cause to offer, either in arrest of judgment or for a new trial; in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial. 1905—764.

1202. If no sufficient cause is alleged or appears to the court at the time fixed for pronouncing judgment, as provided in section 1191 of this code, why judgment should not be pronounced, it must thereupon be rendered; and if not rendered or pronounced within the time so fixed or to which it is continued under the provisions of section 1191 of this code, then the defendant shall be entitled to a new trial. If the court shall refuse to hear a defendant's motion for a new trial or when made shall neglect to determine such motion within the time fixed for pronouncing judgment, or within the time to which the same is continued under the provisions of section 1191 of this code then the defendant shall be entitled to a new trial. 1909–898./

1202a. If the judgment is for imprisonment in the state prison it shall direct that the defendant be taken to the warden of the state prison at San Quentin; provided, however, that if the defendant shall have previously been convicted of a felony, or if the court in the exercise of its discretion shall deem it a proper case

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