FOREWORD TO SECOND EDITION

FOLLOWS GENERAL PLAN, with some improvements, of First Edition, with the elimination of the "Applied, cited, referred to" matter to make needed room for matter of more practical utility and added features thought to be helpful to the busy practitioner who wishes to turn with least delay to that which promises aid.

REPORTS COVERED in Second Edition which were not in First Edition consist of all the cases and reports appearing since the First Edition, as follows: (1) The unreported cases of California Supreme Court-collected in California Unreported Cases.

(2) Pertinent decisions of the Supreme Court of the United States and of inferior United States Reports as published in Federal Reporter.

(3) California Supreme Court Reports, volumes 146-182.

(4) California Courts of Appeal Reports, volumes 2-41. (5) Pacific Reporter (California Cases), volumes 78-194.

THE ANALYSES TO ANNOTATIONS TO SECTIONS have been amplified, and subdivided into appropriate subheads, in the longer notes, and the matter arranged alphabetically, by the black-letter catch-lines, under these subdivisions.

DIVISION OF VOLUME INTO TWO PARTS was found to be expedient, because of the enormous increase occasioned by the new matter added. In making this division it was thought best to maintain uniformity, as nearly as practical, in the size of the parts, regardless of the distinction the Penal Code draws between Substantive Criminal Law and Procedural Criminal Law.

AN APPENDIX OF FORMS, revised and several forms added, with an Index to the Forms, will be found appended to Part Two.

PASADENA, CAL., July 20, 1921.

JAMES M. KERR.

FOREWORD TO FIRST EDITION

THIS IS NOT AN ELEMENTARY TREATISE on Criminal Law and Procedure, although such a work could be studied to advantage in some localities, as is evidenced by some recent prosecutions, as well as by more recent defenses to prosecutions. An effort has been made to collect and systematically arrange every decision in criminal cases heretofore made by the courts of appeal of this state. Many cases are added from outside states, when it is thought they may prove assistful to bench and bar. All elementary principles, and all steps in procedure, are thought to be thoroughly covered.

ALL IMPORTANT STEPS IN A CRIMINAL CAUSE have received especial attention, such as the conduct of the trial; challenges to the panel, to grand jurors, and to trial jurors; witnesses, and their examination; evidence, admissibility and sufficiency of; exceptions, the method of taking, and how to be preserved so as to be available on appeal; bills of exception, and their settlement; the verdict, method of taking and recording, errors and defects in, etc.

THE STANDPOINT OF THE PROSECUTION is that had in view in the writing of our leading criminal works, such as those of Mr. Bishop, Mr. Wharton, Judge McClain, etc. In the preparation of this work the interests of the defense, as well as of the prosecution, have been kept constantly in view.

TRULY CYCLOPEDIC IN SCOPE AND TREATMENT has been the aim in this work; and neither pains nor expense has been spared to make it a volume wherein the magistrate, the lawyer, and the judge will find everything in this state relating either to substantive Criminal Law or to Criminal. Procedure.

SAN FRANCISCO, CAL., January 15, 1906.

JAMES M. KERR.

ADDENDA

In

The plates to the Penal Code having been destroyed in the fire of April 18-21, 1906, before resetting the work it was brought down to date, and now includes more than one hundred important decisions in criminal cases which had not been rendered when the Penal Code was first issued from the press. reprinting, the editor has availed himself of the opportunity to correct errors, and to add to and rearrange many of the important notes. Over seventy pages of new annotations have been added. Everything of importance or value has been included: the Haywood, Moyer, and Pettibone habeas corpus (under "Kidnapping") and the "graft" cases in San Francisco, etc. Some errors of law and errors of procedure, which have attracted world-wide attention, are pointed out, and the reasons for the editor's conclusions are given. This is not done as the partisan of a cause, or in choler, or merely for the purpose of criticizing, but with an eye single to correct legal doctrine, and proper application of the canons of construction, of precedents, and of established legal principles. This work is prepared and printed, not for the bench and bar of the state of California alone, but particularly for the bench and bar of all the Pacific states and territories and the Middle West-some of which follow very closely the statute law of California, and all of which look to California, more or less, for precedent and guidance in matters of procedure and practice.

SAN FRANCISCO, CAL., August 1, 1908.

JAMES M. KERR.