§ 874. CERTIFICATE OF BAIL BEING TAKEN. [Repealed].

Enacted February 14, 1872, founded upon § 166 Criminal Practice Act 1851, Stats. 1851, p. 230; repeal approved April 15, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 37.

§ 875. ORDER FOR BAIL ON COMMITMENT. If the offense is bailable, and the defendant is admitted to bail, the following words must be added to the order, "and that he be admitted to bail in the sum of dollars, and is committed to the sheriff

Enacted February 14, 1872, founded upon § 167 Criminal Practice Act 1851, Stats. 1851, p. 230; amendment approved April 15, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 37. As to admission to bail generally, and in what cases may be had, see post, §§ 12681274.

If

§ 876. COMMITMENT, HOW MADE, AND TO WHOM DELIVERED. the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace officer, who must deliver the defendant into the proper custody, together with the commitment.

Enacted February 14, 1872, founded upon § 168 Criminal Practice Act 1851, Stats. 1851, p. 230. As to commitments and how made, see ante, §§ 863, 872.

§ 877. FORM OF COMMITMENT. The commitment must be to the following effect:

The People of the State of California to the Sheriff of the County of

:

An order having been this day made by me, that A B be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged.

Enacted February 14, 1872, founded upon § 169 Criminal Practice Act 1851, Stats. 1851, pp. 230, 231. As to form and sufficiency of commitment, see ante, §§ 863, 874.

§ 878. UNDERTAKING OF WITNESSES TO APPEAR, WHEN AND HOW TAKEN. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking, to the effect that he will appear and testify at the court to which the depositions and statements are to be sent, or that he will forfeit the sum of five hundred dollars.

Enacted February 14, 1872, founded upon § 170 Criminal Practice Act 1851, Stats. 1851, p. 231.

§ 879. SECURITY FOR THE APPEARANCE OF WITNESSES, WHEN AND HOW REQUIRED. When the magistrate or a judge of the court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem proper, for his appearance as specified in the preceding section.

Enacted February 14, 1872, founded upon § 171 Criminal Practice Act 1851 (Stats. 1851, p. 231); amendment approved April 4, 1870, Stats. 1869-70, p. 787.

As to reducing testimony of witnesses to writing, and how authenticated, see ante,

869.

§ 880. INFANTS AND MARRIED WOMEN MAY BE REQUIRED TO GIVE SECURITY. Infants and married women, who are material witness [es] against the defendant, may be required to procure surities for their appearance, as provided in the last section.

Enacted February 14, 1872, founded upon § 172 Criminal Practice Act 1851, Stats. 1851, p. 231.

§ 881. WITNESSES TO BE COMMITTED ON REFUSAL TO GIVE SECURITY FOR THEIR APPEARANCE. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legally discharged.

Enacted February 14, 1872, founded upon § 173 Criminal Practice Act 1851, Stats. 1851, p. 231.

§ 882. WITNESS UNABLE TO GIVE SECURITY MAY BE CONDITIONALLY EXAMINED. When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people. Such examination must be by question and answer, in the presence of the defendant, or after notice to him, if on bail, and conducted in the same manner as the examination before a committing magistrate is required by this code to be conducted, and the witness thereupon discharged; and such deposition may be used upon the trial of the defendant, except in cases of homicide, under the same conditions as mentioned in section thirteen hundred and forty-five; but this section does not apply to an accomplice in the commission of the offense charged.

Enacted February 14, 1872, founded upon §§ 174, 175 Criminal Practice Act 1851, Stats. 1851, p. 231; amendment approved March 14, 1878, Code Amdts. 1877-8, p. 122; by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 483, act held unconstitutional, see History, § 5 ante; amendment re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 763.

§ 883. MAGISTRATE TO RETURN DEPOSITIONS, ETC., TO THE COURT. When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the clerk of the court at which the defendant is required to appear, the warrant, if any, the depositions, and all undertakings of bail, or for the appearance of witnesses taken by him.

Enacted February 14, 1872, founded upon § 176 Criminal Practice Act 1851, Stats. 1851, p. 231.

TITLE IV.

OF PROCEEDINGS AFTER COMMITMENT AND BEFORE INDICTMENT.

Chapter I. Preliminary Provisions, §§ 888-890.

II. Formation of the Grand Jury, §§ 894-910.

III. Powers and Duties of a Grand Jury, §§ 915-930.

IV.

Presentment and Proceedings Thereon, §§ 931-937. [Repealed].

§ 888.

CHAPTER I.

PRELIMINARY PROVISIONS.

What prosecutions must be by indict- § 890. Indictments and accusations, in what ment, etc.

§ 889. What by accusation or information.

§ 888.

court found.

WHAT PROSECUTIONS MUST BE BY INDICTMENT, ETC. All public offenses triable in the superior court must be prosecuted by indictment or information, except as provided in the next section.

Enacted February 14, 1872, founded upon § 177 Criminal Practice Act 1851 (Stats. 1851, pp. 231, 232), as amendment approved April 3, 1863, Stats. 1863, p. 158; amended April 9, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 12.

As to how public offenses are to be prosecuted, see ante, § 682.

§889. WHAT BY ACCUSATION OR INFORMATION. When the proceedings are held for the removal of district, county, municipal, or township officers, they may be commenced by an accusation or information, in writing, as provided in sections seven hundred and fifty-eight and seven hundred and seventy-two.

Enacted February 14, 1872, founded upon § 178 Criminal Practice Act 1851, Stats. 1851, p. 232; amendment approved by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 483, act held unconstitutional, see History, § 5 ante.

As to how public offenses are to be prosecuted, see ante, § 682.

§ 890. INDICTMENTS AND ACCUSATIONS, IN WHAT COURT FOUND. All accusations, informations, or indictments against district, county, municipal, and township officers, must be found or filed in the superior court.

Enacted February 14, 1872, founded upon § 179 Criminal Practice Act 1851 (Stats. 1851, p. 232), as amended April 3, 1863, Stats. 1863, p. 158; amendment approved April 12, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 34; by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 483, act held unconstitutional, see History, § 5 ante.

Definition of Grand Jury. As defined by code law of the state, grand jury is body of men, nineteen in number, returned in pursuance of law from citizens of county or city and county before court of competent jurisdiction, impaneled and sworn according to law, to inquire into public offenses committed or triable within county.Levy vs. Wilson, 69 Cal. 105, 108, 10 Pac. Rep. 272.

§ 894. EXAMINING AND Accepting GRAND JUROR. Before accepting a person drawn as a grand juror, the court must be satisfied that such person is duly qualified to act as such juror, but when drawn and found qualified he must be accepted unless the court, on the application of the juror and before he is sworn, shall excuse him from such service for any of the reasons prescribed in chapter one, title three, part one (sections one hundred and ninety and two hundred and fifty-four) of the Code of Civil Procedure.

Enacted February 14, 1872; amendment approved March 22, 1911, Stats. and Amdts. 1911, p. 433.

As to how grand Juries are constituted and Impanelled, see Kerr's Small C. C. P., §§ 241-243.

§ 895. CHALLENGE TO PANEL, WHEN ALLOWED. No challenge shall be made or allowed to the panel from which the grand jury is drawn, nor to an individual grand juror, unless when made by the court for want of qualification, as prescribed in the next preceding section.

Enacted February 14, 1872; amendment approved March 22, 1911, Stats. and Amdts. 1911, p. 434.

§ 896. CHALLENGING GRAND JUROR.

[Repealed.]

Enacted February 14, 1872; amendment approved March 29, 1874. Code Amdts. 1873-4,

p. 436; repeal approved March 22, 1911, Stats. and Amdts. 1911, p. 434.

As to challenges to jury for implied bias, see post, § 1074.

As to general cause for challenge to the jury, see post, § 1072.
As to particular causes for challenges to jury, see post, § 1073.

§ 897. HOW MADE, ETC. [Repealed.]

Enacted February 14, 1872; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 437; repeal approved March 22, 1911, Stats. and Amdts. 1911, p. 434. As to trial of challenge to jury, see post, § 1078.

§ 898. DECISION UPON CHALLENGES. [Repealed.]

Enacted February 14, 1872; repeal approved March 22, 1911, Stats. and Amdts. 1911, D. 434. As to decision of challenge to trial Juror, see post, § 1083.

§ 899. EFFECT OF ALLOWING A CHALLENGE TO A PANEL. [Repealed.] Enacted February 14, 1872; repeal approved March 22, 1911, Stats. and Amdts. 1911, p. 434.

§ 900. EFFECT OF ALLOWING CHALLENGE TO INDIVIDUAL JUROR. [Repealed.]

Enacted February 14, 1872; repeal approved March 22, 1911, Stats. and Amdts. 1911,

p. 434.

§ 901. OBJECTIONS CAN ONLY BE TAKEN BY CHALLENGE. [Repealed.] Enacted February 14, 1872; repeal approved March 22, 1911, Stats. and Amdts. 1911,

p. 434.

§ 902. APPOINTMENT OF A FOREMAN. From the persons summoned to serve as grand jurors and appearing, the court must appoint a foreman. The court must also appoint a foreman when the person already appointed is excused or discharged before the grand jury is dismissed.

Enacted February 14, 1872, re-enactment of § 190 Criminal Practice Act 1851, Stats. 1851, p. 233. As to foreman pro tempore, see post, § 930.

§ 903. OATH TO FOREMAN. The following oath must be administered to the foreman of the grand jury:

"You, as foreman of the grand jury, will diligently inquire into and true presentment make, of all public offenses against the people of this state, committed or triable within this county, of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows and the government, and will not, except when required in the due course of judicial proceedings, discose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You will present no person through malice, hatred, or ill-will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof; but in all your presentments you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God."

Enacted February 14, 1872, re-enactment of § 191 Criminal Practice Act 1851, Stats. 1851, p. 233; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 437.

§ 904. OATH OF OTHER GRAND JURORS. The following oath must be immediately thereup administered to the other grand jurors present: "The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part, so help you God."

Enacted February 14, 1872 re-enactment of § 192 Criminal Practice Act 1851, Stats. 1851, p. 233.

§ 905. CHARGE OF THE COURT. The grand jury being impaneled and sworn, must be charged by the court. In doing so, the court must give them such information as it may deem proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury.

Enacted February 14, 1872, re-enactment of § 193 Criminal Practice Act 1851, Stats. 1851, p. 233.

§ 906. RETIREMENT OF THE GRAND JURY. DISCHARGE OF. The grand jury must then retire to a private room and inquire into the offenses cognizable