order of such appellate court. En. February 14, 1872. Am'd. 1905, 251.

Cal. Rep. Cit. 83, 47; 83, 48; 96, 157; 107, 289.

Crim. Prac. Act, sec. 82. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 771. Proceedings for the removal of a district atttorney. The same proceedings may be had on like ground for the removal of a district attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by him to a judge of the superior 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 district attorney of an adjoining county, and require him to conduct the proceedings. En. February 14, 1872. Am'd. 1880, 32.

Crim. Prac. Act, sec. 83. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 772. Removal of public officers by summary proceedings. When an accusation in writing, verified by the oath of any person, is presented to a superior court, alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered, or to be rendered, in his office, or has 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 other subsequent day not more than twenty days from that on which the accusation was presented, must proceed to hear, in a summary manner, 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 appears that the charge is sustained, the court must enter a decree that the party accused be deprived of his office, and must enter a judg

Pen. Code-19

ment for five hundred dollars in favor of the informer, and such costs as are allowed in civil cases. En. February 14, Am'd. 1880, 33.

1872.

Cal. Rep. Cit. 50, 646; 52, 623; 56, 360; 57, 354; 68, 325; 75, 151; 83, 47; 83, 48; 85, 643; 85, 644; 85, 645; 85, 647; 97, 383; 98, 588; 98, 589; 98, 590; 107, 287; 107, 288; 107, 289; 108, 662; 110, 656; 111, 239; 111, 240; 111, 242; 114, 476; 114, 552; 119, 232; 122, 293; 130, 184; 130, 186; 145, 37; 145, 45; 145, 473; 147, 27; 147, 528; 147, 529; 147, 532.

TITLE III.

OF THE PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY INDICTMENT, TO THE COMMITMENT, INCLUSIVE.

Chapter I. Of the Local Jurisdiction of Public Offenses, §§ 777-795.

II.

Of the Time of Commencing Criminal Actions, §§ 799-803.

III. The Information, §§ 806-809.

IV.

The Warrant of Arrest, §§ 811-829.

V. Arrest, by Whom and How Made, §§ 834-851. VI. Retaking After an Escape or Rescue, §§ 854,

855.

VII. Examination of the Case and Discharge of Defendant, or Holding Him to Answer, §§ 858-883.

CHAPTER I.

OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES.

§ 777. Jurisdiction of offenses committed in this state.

778. Offenses commenced without, but consummated within this state. 8778a. Performance of act in this state culminating in a crime in an

other state.

8778b. Non-resident aiding in a crime in this state.

779. When an inhabitant of this state is concerned in a duel out of the same, and a party wounded dies therein.

780. Leaving the state to evade the statute against dueling. § 781.

Offense committed partly in one county and partly in another. § 782. Committed on the boundary, etc., of two or more counties.

§ 783. Jurisdiction of an offense on board a vessel or car.

§ 784. Jurisdiction for kidnaping or abduction.

§ 785. Jurisdiction of an indictment for bigamy or incest.

§ 786. Property feloniously taken in one county and brought into another.

§ 787. Jurisdiction for escaping from prison.

§788. Jurisdiction for treason committed out of the state.

§ 789. Jurisdiction for stealing, etc., property, out of state, and brought therein.

§ 790. Jurisdiction for murder, etc., where the injury was inflicted in one county, and the party dies out of that county.

§ 791. Of an indictment against an accessory.

§ 792. Of principals who are not present, etc., at commission of the principal offense.

§793. Conviction or acquittal in another state a bar, where the jurisdiction is concurrent.

§ 794. Conviction or acquittal in another county a bar, where the jurisdiction is concurrent.

§ 795. Jurisdiction of prize-fight.

§ 777. Jurisdiction of offenses committed in this state. Every person is liable to punishment by the laws of this state, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States; and except as herein otherwise provided, the jurisdiction of every public offense is in the county wherein it is committed. En. February 14, 1872. Am'd. 1905, 692.

The amendment declares that the jurisdiction of any public offense not otherwise specially provided for is within the county where it was committed. Although this has always been understood to be the law, the Code seems to contain no express declaration upon the subject. The change consists in the addition, after the words "United States," of the words "and, except as herein otherwise provided, the jurisdiction of any public offense is in the county wherein it is committed."-Code Commissioner's Note.

Crim. Prac. Act, sec. 84. 290. En. 1851, 212.

En. April 20, 1850. Rep. 1851,

Jurisdiction of police court:

§ 778.

See Pol. Code, sec. 4426.

Offenses commenced without, but consummated within this state. When the commission of a public offense, commenced without the state, is consummated within its boundaries, the defendant is 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 consummated it in this state, through the intervention of an innocent or guilty agent, or any other means proceeding directly from himself, in such case the jurisdiction is in the county in which the offense is consummated. En. February 14, 1872.

Crim. Prac. Act, sec. 85. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 778a. Performance of an act in this state culminating in a crime in another state. Whenever a person, with intent to commit a crime, does any act within this state in execution or part execution of such intent, which culminates in the commission of a crime, either within or without this state, such person is punishable for such crime in this state in the same manner as if the same had been committed entirely within this state. En. Stats. 1905, 692.

The section is designed to provide for the punishment of persons who in this state do an act culminating in the commission of a crime in another state.-Code Commissioner's Note.

8778b. Non-resident aiding in a crime in this state. Every person who, being out of this state, causes, aids, advises, or encourages any person to commit a crime within this state, and is afterwards found within this state, is punishable in the same manner as if he had been within this state when he caused, aided, advised, or encouraged the commission of such crime. En. Stats. 1905, 692.

The object of this section is to provide for the punishment of persons who, being out of the state, encourage the commission of crimes within this state, and are afterwards found within the state.-Code Commissioner's Note.

§ 779. When an inhabitant of this state is concerned in a duel out of the same, and a party wounded dies therein. When an inhabitant or resident of this state, by previous appointment or engagement, fights a duel or is concerned as second 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 is in the county where the death happens. En. February 14, 1872.

Crim. Prac. Act, sec. 86. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 780. Leaving the state to evade the statute against dueling. When an inhabitant of this state leaves the same for the purpose of evading the operation of the provisions of the code relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county of which the offender was an inhabitant when the offense was committed. En. February 14, 1872.

§ 781. Offense committed partly in one county and partly in another. When a public offense is 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 occur in two or more counties, the jurisdiction is in either county. En. February 14, 1872.

Cal. Rep. Cit. 51, 379.

Crim. Prac. Act, sec. 87. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal. Rep. Cit. 22, 183.

878. Committed on the boundary, etc., of two or more counties. When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county. En. February 14, 1872.

Cal. Rep. Cit. 55, 233; 59, 459.

Crim. Prac. Act, sec. 88. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 783. Jurisdiction of an offense on board a vessel or car. When an offense is committed in this state, on board a vessel navigating a river, bay, slough, lake, or canal,