sequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial. En. February 14, 1872. Cal. Rep. Cit. 94, 386. Crim. Prac. Act, sec. 500. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1261. New trial, where to be had. is ordered, it must be directed to be had county from which the appeal was taken. 1872. When a new trial in the court of the En. February 14, Crim. Prac. Act, sec. 501. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1851, 407. § 1262. Defendant discharged on reversal of judgment. If a judgment against the defendant is reversed without ordering a new trial, the appellate court must, if he is in custody, direct him to be discharged therefrom; or if on bail, that his bail be exonerated; or if money was deposited instead of bail, that it be refunded to the defendant. En. February 14, 1872. Cal. Rep. Cit. 61, 380; 143, 220. Crim. Prac. Act, sec. 502. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1263. Judgment to be executed on affirmance. If a judgment against the defendant is affirmed, the original judgment must be enforced. En. February 14, 1872. Crim. Prac. Act, sec. 503. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1264. Judgment upon appeal, how entered and remitted. When the judgment of the appellate court is given, it must be entered in the minutes, and a certified copy of the entry, with a copy of the opinion of the court attached thereto, forthwith remitted to the clerk of the court from which the appeal was taken. En. February 14, 1872. Am'd. 1905, 701. The design of the amendment is to require a copy of the opinion of the Supreme Court to be certified to and sent to the clerk of the court below with the remittitur. The change consists in the insertion of the words "with a copy of the opinion of the court attached thereto," after "entry."-Code Commissioner's Note. Crim. Prac. Act, sec. 504. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 39, 104; 41, 210. § 1265. Jurisdiction ceases after judgment remitted. After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect must be made by the court to which the certificate is remitted. En. February 14, 1872. Crim. Prac. Act, sec. 506. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 39, 104; 41, 211. TITLE X. MISCELLANEOUS PROCEEDINGS. Chapter I. Bail, §§ 1268-1317. II. Who may be Witnesses in Criminal Actions, §§ 1321-1323. III. Compelling the Attendance of Witnesses, 88 1326-1333. IV. Examination of Witnesses Conditionally, 88 1335-1346. V. Examination of Witnesses on Commission, 88 1349-1362. VI. Inquiry into the Insanity of the Defendant Before Trial or After Conviction, §§ 1367-1373. VII. Compromising Certain Public Offenses by Leave of the Court, §§ 1377-1379. VIII. Dismissal of the Action, Before or After Indict- IX. Proceedings Against Corporations, §§ 1390-1397. XI. Errors and Mistakes in Pleadings and Other XII. Disposal of Property Stolen or Embezzled, §§ XIII. Reprieves, Commutations, and Pardons, §§ 1417 1423. CHAPTER I. BAIL. Article I. In What Cases the Defendant may be Admitted to Bail, §§ 1268-1274. II. Bail upon being Held to Answer before Indictment, §§ 1277-1281. III. Ball upon an Indictment before Conviction, §§ 1284-1289. IV. Bail on Appeal, §§ 1291-1292. V. Deposit Instead of Bail, §§ 1295-1297. VI. Surrender of the Defendant, §§ 1300-1302. VII. Forfeiture of the Undertaking of Bail or of the Deposit of VIII. Recommitment of the Defendant after Having Given Bail ARTICLE I. IN WHAT CASES THE DEFENDANT MAY BE ADMITTED § 1270. Offense not bailable. § 1271. Defendant when admitted to bail before conviction. When admitted to bail after conviction and upon appeal. 1273. Nature of bail. § 1272. § 1274. ΤΟ When bail is matter of discretion, notice of application must be given to district attorney. § 1268. Admission to bail defined. Admission to bail is the order of a competent court or magistrate that the defendant be discharged from actual custody upon bail. En. February 14, 1872. Cal. Rep. Cit. 54, 103. Crim. Prac. Act, sec. 507. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Bail, where taken: See ante, sec. 822; post, sec. 1284. § 1269. Taking of bail defined. The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. En. February 14, 1872. Crim. Prac. Act, sec. 508. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 19, 681. Excessive bail.-Excessive bail shall not be required: Cal. Const., art. I, sec. 6; U. S. Const., Amendment 8. § 1270. Offense not bailable. A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumptions to be drawn therefrom. En. February 14, 1872. Cal. Rep. Cit. 68, 177; 85, 365; 92, 189. Crim. Prac. Act, sec. 510. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1866, 418. Cal. Rep. Cit. 19, 542. Constitutional provision.-All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great Art. I, sec. 6. § 1271. Defendant when admitted to bail before conviction. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right. En. February 14, 1872. Cal. Rep. Cit. 54, 103; 68, 177; 68, 178; 68, 180; 68, 182; 68, 183; 92, 189. Crim. Prac. Act, sec. 509. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 151. Cal. Rep. Cit. 19, 542. § 1272. When admitted to bail after conviction and upon appeal. After conviction of an offense not punishable with death, a defendant who has appealed may be admitted to bail: 1. As a matter of right, when the appeal is from a judgment imposing a fine only. 2. As a matter of discretion in all other cases. En. February 14, 1872. Cal. Rep. Cit. 48, 552; 49, 681; 62, 491; 68, 177; 68, 178; 68, 180; 68, 182; 68, 183; 89, 80; 89, 81; 112, 629. Crim. Prac. Act, sec. 512. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 41, 30. 1273. Nature of bail. If the offense is bailable, the defendant may be admitted to bail before conviction: First-For his appearance before the magistrate, on the examination of the charge, before being held to answer. Second-To appear at the court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination. |