4559. Judgment pronounced by resolution. Entry. After conviction the senate must, at such time as it may appoint, pronounce judgment, in the form of a resolution entered upon the journal of the senate.

Cal. Pen. C. 747; Mont. Pen. C. ? 1512.

4560. Majority may adopt resolution. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.

Cal. Pen. C. 2 748; Mont. Pen. C. 1513.

4561. Judgment may be of suspension or removal. The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit in the state.

Cal. Pen. C. 749; Mont. Pen. C. 2 1514.

4562. Judgment of suspension. Effect. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees, or emoluments of the office.

Cal. Pen. C. 750; Mont. Pen. C. ? 1515.

4563. Suspension on filing articles. Vacancy how filled. Whenever articles of impeachment against any officer subject to impeachment, are presented to the senate, and such officer shall have been served with a copy of the articles thereof, such officer shall be temporarily suspended from his office, and shall not act in his official capacity until he is acquitted. Upon such suspension of any officer, other than the governor, his office must be at once temporarily filled by an appointment made by the governor, with the advice and consent of the senate, until the acquittal of the party impeached; or, in case of his removal, until the vacancy is filled at the next election as required by law. Cal. Pen. C. 751*; Mont. Pen. C. 2 1516*.

4564. Conviction or acquittal does not bar prosecution. The defendant, whether convicted or acquitted, shall nevertheless be liable to prosecution, trial, and punishment according to law.

Cal. Pen. C. 753; Mont. Pen. C. 1518*.

CHAPTER 8.

REMOVAL BY JUDICIAL PROCEEDINGS.

4565. Officers not liable to impeachment may be removed. All officers not liable to impeachment shall be subject to removal for high crimes, misdemeanors, or malfeasance in office, as in this chapter provided. ['96, p. 108. Mont. Pen. C. ? 1530*. Authorized by Con. art. 6, sec. 21.

4566. Accusation presented by grand jury or county attorney. An accusation in writing against any district, county, precinct, municipal, or school district officer, or officer of any board of education, for any high crime, misdemeanor, or malfeasance in office may be presented by the grand jury or by the county attorney of the county in which the officer accused is elected or appointed. ['96, p. 108.

Mont. Pen. C. ? 1531*.

4537. Accusation must state the offense. the offense charged in ordinary and concise language. Mont. Pen. C. ? 1532*.

The accusation must state ['96, p. 108.

4568. Accusation by grand jury. County attorney to prosecute. Notice. When found by the grand jury, the accusation must be delivered by the foreman to the county attorney, except when he is the officer accused. The

county attorney must thereupon cause a copy of the accusation to be served upon the defendant, and require, by notice in writing of not less than ten days, that he appear before the district court of the county, at a time mentioned in the notice, and answer to the accusation. The original accusation must then be filed with the clerk of the court. ['96, p. 108.

Mont. Pen. C. 1533*.

4569. Defendant must appear. Procedure on default. The defendant must appear at the time appointed, and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. ['96, p. 108.

Mont. Pen. C. ? 1534*.

4570. Defendant's answer.

The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same. ['96, p. 108.

Mont. Pen. C. ? 1535.

4571. Objections to accusation for insufficiency. If he objects to the legal sufficiency of the accusation, the objection must be in writing but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. ['96, p. 108.

Mont. Pen. C. 1536.

4572. Denial may be oral. Entry. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes. ['96, p. 109.

Mont. Pen. C. ? 1537.

4573. Objection overruled. Answer. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith. ['96, p. 109. .

Mont. Pen. C. 1538.

4574. Judgment on plea of guilty. Trial on denial. If the defendant pleads guilty, the court must render judgment of conviction against him. If he denies the matters charged or refuses to answer the accusation, the court must immediately, or at such time as it may appoint, proceed to try the accusation. ['96, p. 109.

Mont. Pen. C. 1539.

4575. Trial by jury. Criminal procedure governs. The trial must be by jury and shall be conducted in all respects in the same manner as the trial of an indictment or information for a felony. ['96, p. 109.

Mont. Pen. C. ? 1540*.

4576. Process for witnesses. The county attorney and the defendant shall be respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon the trial of an indictment or information for a felony. ['96, p. 109.

Mont. Pen. C. § 1541*.

4577. Judgment on conviction. Removal. Upon a conviction, the court must, at such time as it may appoint, pronounce judgment that the defendant be removed from office; but, to warrant a removal, a judgment must be entered upon the minutes, and the causes of removal must be assigned therein. ['96, p. 109.

Mont. Pen. C. ? 1542.

4578. Appeal allowed. Suspension from office. Vacancy. From a judgment of removal an appeal may be taken to the supreme court, in the same manner as from a judgment in a civil action; but, until such judgment is reversed,

the defendant shall be suspended from his office. Pending the appeal, the office must be filled as in case of a vacancy. ['96, p. 109.

Mont. Pen. C. 1543.

4579. Procedure for removal of county attorney. The same proceedings may be had on like grounds for the removal of a county attorney, except that the accusation must be made by the grand jury or by the attorney general of the state, and must be delivered by the foreman of the grand jury or the attorney general to the clerk, and by him to the judge of the district court of the county, who must thereupon appoint some one to act as prosecuting officer in the matter, or place the accusation in the hands of the county attorney of an adjoining county and require him to conduct the proceedings. ['96, p. 109.

Mont. Pen. C. ? 1544*.

4580. Accusation by private party. Notice. Trial. Judgment. When an accusation in writing, verified by the oath of any person, shall be presented to a district court, alleging that any officer within the jurisdiction of the court shall have been guilty of charging and collecting illegal fees for services rendered, or to be rendered, in his office, or shall have refused or neglected to perform the official duties pertaining to his office, the court must cite the party charged to appear before the court at a time not more than ten nor less than five days from the time the accusation was presented; and on that day, or some subsequent day not more than twenty days from that on which the accusation was presented, must proceed to impanel a jury and hear the accusation and evidence offered in support of the same, and the answer and evidence offered by the party accused; and if, on such hearing, it shall appear by the verdict of the jury, that the charge is sustained, the court must enter a judgment that the party accused be deprived of his office, and for such costs as are allowed in civil cases. pp. 109, 110.

Mont. Pen. C. ? 1545*.

Charging or receiving illegal fees, 1029. Fee book, fee table, statement, 2 1023-1029.

['96,

4581.

CHAPTER 9.

LOCAL JURISDICTION OF PUBLIC OFFENSES.

Jurisdiction of offense consummated within the state. Every person shall be liable to punishment, by the laws of this state for any public offense committed by him therein. When the commission of a public offense, commenced without the state, shall have been consummated within its boundaries, the defendant shall be liable to punishment therefor in this state, though he was out of the state at the time of the commission of the offense charged. If he shall have consummated it in this state through the intervention of an innocent or a guilty agent, or by any other means proceeding directly from himself, in such case the jurisdiction shall be in the county in which the offense was consummated. [C. L. § 4817*.

Cal. Pen. C. ?? 777, 778.

All criminal business arising in county must be

tried there unless a change of venue be taken, Con . art. 8, sec. 5. Persons liable to punishment, 4072. 4582. Duel without state. Jurisdiction where death occurs. When an inhabitant or resident of this state, by previous appointment or engagement, fights a duel or is concerned as a second or surgeon therein, out of the jurisdiction of this state, and, in the duel, a wound is inflicted upon a person, whereof he dies in this state, the jurisdiction of the offense shall be in the county where the death happens.

Mont. Pen. C. ? 1562.

Duels and challenges, 4182-4187.

4583. Leaving state to duel. Jurisdiction in county of residence. When an inhabitant or resident of this state leaves the same for the purpose of

evading the operation of the laws relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction shall be in the county of which the offender was an inhabitant or resident when the offense was committed.

Mont. Pen. C. 1563. 4584.

Offense committed in more than one county or near boundary. When a public offense shall have been committed in part in one county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense shall have occurred in two or more counties, the jurisdiction shall be in any of such counties. When a public offense shall have been committed near the boundaries of two or more counties, the jurisdiction shall be in any of such counties.

Cal. Pen. C. 2 781*.

Proceeding when, on trial, jurisdiction found to lie in another county, 2 4866. Jurisdiction in two or more counties, 4589, 4592. Sec. 5 of art. 8 of Con. construed, the court holding that if it appear

[C. L. § 4817*.

as a fact that the cause arose in another county any judgment it may render will be null and void, and that the objection to the jurisdiction cannot be waived. Konold v. R. G. W. Ry. Co., U.; 50 P., decided Nov. 11, 1897.

4585. Injury in one county, death in another. The jurisdiction of a criminal action for murder or manslaughter, when the injury which caused the death shall have been inflicted in one county and the party injured shall have died in another, or out of the state, shall be in the county where the injury was inflicted. [C. L. § 4818.

Cal. Pen. C. 790.

4586. Jurisdiction over accessory. In the case of an accessory in the commission of a public offense, the jurisdiction shall be in the county where the offense of the accessory was committed, notwithstanding the principal offense was committed in another county. [C. L. § 4819.

Cal. Pen. C. 791.

Principal and accessory, 22 4073-4076, 4751, 4752.

4587. Jurisdiction over absent principal. The jurisdiction of a criminal action against a principal in the commission of a public offense, when such principal shall not have been present at the commission thereof, shall be in the same county in which it would have been under this code if he were so present and aiding and abetting therein. [C. L. § 4820.

Cal. Pen. C. 792.

4588. Conviction or acquittal in another state is a bar. When an act charged as a public offense, shall be within the jurisdiction of a territory or another state or country, as well as of this state, a conviction or acquittal thereof in the former shall be a bar to the prosecution therefor in this state. [C. L. § 4821.

Cal. Pen. C. 793.

Similiar section, 24490.

4589. Conviction or acquittal in another county a bar. When an offense shall be within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county shall be a bar to a prosecution therefor in any other. [C. L. § 4822.

Cal. Pen. C. ? 794.

Offense within jurisdiction of two or more counties, ?? 4584, 4592.

4590. Jurisdiction of offense committed on vessel. When an offense shall have been committed in this state on board a vessel navigating a river, bay, slough, canal, or lake, or lying therein in the prosecution of her voyage, the jurisdiction shall be in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage shall terminate. [C. L. § 4823.

Cal. Pen. C. 783*.

See note under 4584.

4591. Jurisdiction for kidnaping, etc. The jurisdiction of a criminal

action:

For forcibly and without lawful authority seizing and confining another,

or inveigling or kidnaping him with intent, against his will, to cause him to be secretly confined or imprisoned in this state, or to be sent out of the state, or from one county to another; or,

2. For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having lawful charge of the child; or,

3. For inveigling, enticing, or taking away any female of previous chaste character, for the purpose of prostitution; or,

4. For taking away any female under the age of eighteen years, from her father, mother, guardian, or other person having the legal charge of her person, with or without their consent, for the purpose of prostitution, shall be in the county in which the offense shall have been committed, or out of which the person upon whom the offense shall have been committed may, in the commission of the offense, have been brought, or in which an act shall have been done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense, or in abetting the parties concerned therein. [C. L. § 4824*.

Cal. Pen. C. ? 784*.

Kidnaping, 4173. Abduction for purposes of prostitution, 22 4222, 4223; proof, ¿ 4858.

4592. Property stolen in one county and taken to another. When property taken in one county by burglary, robbery, larceny, or embezzlement, shall have been brought into another, the jurisdiction of the offense shall be in either county. But if at any time before the conviction of the defendant in the latter, he shall be indicted in the former county, the sheriff of the latter county must, upon demand, deliver him to the sheriff of the former. [C. L. § 4825.

Cal. Pen. C. 2786.

Offense within jurisdiction of two or more counties, ?? 4584, 4589.

4593. Jurisdiction of escape from state prison. The jurisdiction of a criminal action for escaping from or breaking the state prison, with intent to escape therefrom, or for attempting by force or violence, or in any other manner, to escape from said prison, is in the county where the same is located. [C. L. § 4826*.

N. Dak. (1895) 2 7870.

Escape from state prison, ? 4114.

4594. Jurisdiction of escape from city or county jail. The jurisdiction of a criminal action for breaking or escaping from the jail of any county or of any city or town, is in the county where said jail is located. [C. L. § 4826*,

N. Dak. (1895) 2 7871.

Escape from other than state prison, 4115.

4595. Jurisdiction of treason. Overt act committed out of state. The jurisdiction of a criminal action for treason, when the overt act is committed out of the state, shall be in any county of the state.

Cal. Pen. C. ? 788.

Treason, proof, Con. art. 1, sec. 19.

4596. Jurisdiction when property stolen brought into state. The jurisdiction of a criminal action for stealing in any territory or other state the property of another, or receiving it, knowing it to have been stolen, and bringing the same into this state, shall be in any county into or through which such stolen property shall have been brought. [C. L. § 4827.

Cal. Pen. C. ? 789*.

Larceny without state; property brought within, ?? 4072, 4368, 4592.

CHAPTER 10.

LIMITATIONS.

4597. No limitation for murder, embezzlement of public money, or falsification of public records. There shall be no limitation of time