§ 807. Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense. En. February 14, 1872. Cal. Rep. Cit. 68, 503; 111, 661; 115, 54.

Crim. Prac. Act, sec. 102. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 808. Who are magistrates. The following persons are magistrates:

1. The justices of the supreme court.

2. The judges of the superior courts.

3. Justices of the peace.

4. Police magistrates in towns or cities. 14, 1872. Am'd. 1880, 7.

En. February

Cal. Rep. Cit. 51, 376; 68, 503; 115, 54; 118, 78; 145, 743. Crim. Prac. Act, sec. 103. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 809. Filing information. When a defendant has been examined and committed, as provided in section eight hundred and seventy-two of this code, it shall be the duty of the district attorney, within thirty days thereafter to file in the superior court of the county in which the offense is triable an information charging the defendant with such offense. The information shall be in the name of the people of the state of California, and subscribed by the district attorney, and shall be in form like an indictment for the same offense. En. Stats. 1880, 12.

Cal. Rep. Cit. 56, 234; 57, 561; 65, 108; 66, 395; 66, 664; 67, 232; 67, 234; 68, 503; 68, 579; 85, 88; 91, 648; 108, 663; 109, 450; 113, 284; 117, 656; 142, 13; 142, 598; 143, 221.

301

CHAPTER IV.

THE WARRANT OF ARREST.

§ 811. Examination of the prosecutor and his witnesses upon the in

§ 812.

818.

§ 814.

§ 815.

formation.

Depositions, what to contain.

When warrant may issue.

Form of warrant.

Name or description of the defendant in the warrant, and statement of the offense.

816.

§ 817.

Warrant to be directed to and executed by peace officer.
Who are peace officers.

§ 818.

§ 819.

To what peace officers warrants are to be directed. Same; and when and how executed in another county. 8820. Indorsement on warrant, for service in another county.

§ 821.

Defendant to be taken before the magistrate issuing the warrant, etc.

§ 822. Defendant arrested for misdemeanor in another county, to be admitted to bail.

§ 823.

§ 824.

§ 825.

§ 826.

§ 827.

§ 828. § 829.

Proceedings on taking bail from the defendant in such cases.
When bail is not given. When magistrate who issued warrant
cannot act.

No delay in taking defendant before magistrate.
Proceedings where defendant is taken before another magistrate.
Proceedings for offenses triable in another county.
Duty of officer.

Admission to bail.

§ 811.

Examination of the prosecutor and his witnesses upon the information. When an information is laid before a magistrate of the commission of a public offense, triable within the county, he must examine on oath the informant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them. En. February 14, 1872.

Cal. Rep. Cit. 54, 103; 74, 166; 91, 25; 96, 317; 121, 531; 131, 578; 133, 333; 143, 218; 144, 61. Crim. Prac. Act, sec. 105.

290.

En. 1851, 212.

En. April 20, 1850. Rep. 1851,

Magistrates, who are: See post, sec. 808. As to exSee post, secs. 1349 et seq.

amination on commission:

§ 812. Depositions, what to contain. The deposition must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the offense and the guilt of the defendant. En. February 14, 1872.

Cal. Rep. Cit. 74, 166; 91, 25; 133, 333; 143, 218. Crim. Prac. Act, sec. 105. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 813. When warrant may issue. If the magistrate is satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he must issue a warrant of arrest. En. February 14, 1872.

Cal. Rep. Cit. 74, 166; 91, 25; 143, 218.

Crim. Prac. Act, sec. 106. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 814. Form of warrant. A warrant of arrest is an order in writing, in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

County of

The People of the State of California, to any sheriff, constable, marshal, or policeman of said state, or of the county of ―:

Information on oath having been this day laid before me, by A. B., that the crime of (designating it) has been committed, and accusing C. D. thereof, you are therefore commanded forthwith to arrest the above named C. D. and bring him before me at (naming the place), or in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.

Crim. Prac. Act, sec. 107. En. April 20, 1850. Rep. 1851,

290. En. 1851, 212.

Cal. Rep. Cit. 19, 134.

Before whom to be taken: See post, sec. 824.

§ 815. Name or description of the defendant in the warrant, and statement of the offense. The warrant must specify the name of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state the time of issuing it, and the county, city, or town where it is issued, and be signed

by the magistrate, with his name of office. En. February 14, 1872.

Cal. Rep. Cit. 59, 355.

Crim. Prac. Act, sec. 108. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 816. Warrant to be directed to and executed by peace officer. The warrant must be directed to and executed by a peace officer. En. February 14, 1872.

Crim. Prac. Act, sec. 109. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 817. Who are peace officers. A peace officer is a sheriff of a county, or a constable, marshal, or policeman of a township, city, or town. En. February 14, 1872.

Cal. Rep. Cit. 120, 268.

Crim. Prac. Act, sec. 110. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 818. To what peace officers warrants are to be directed. If a warrant is issued by a justice of the supreme court, or judge of a superior court, it may be directed generally to any sheriff, constable, marshal, or policeman in the state, and may be executed by any of those officers to whom it may be delivered. En. February 14, 1872. Am'd. 1880, 33.

Cal. Rep. Cit. 54, 103; 82, 190.

Crim. Prac. Act, sec. 111. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 819. Same; and when and how executed in another county. If it is issued by any other magistrate, it may be directed generally to any sheriff, constable, marshal, or policeman in the county in which it is issued, and may be executed in that county; or, if the defendant is in another county, it may be executed therein upon the written direction of a magistrate of that county, indorsed upon the warrant, signed by him, with his name of office, and dated at the county, city, or town where it is made, to the following effect: "This warrant may be executed in the county of (naming the county). En. February 14,

1872.

Cal. Rep. Cit. 54, 103; 82, 190.

Crim. Prac. Act, sec. 112. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 820. Indorsement on warrant, for service in another county. The indorsement mentioned in the last section cannot, however, be made unless the warrant of arrest be accompanied with a certificate of the clerk of the county where such warrant was issued, under the seal of the superior court thereof, as to the official character of the magistrate, or, unless upon the oath of a credible witness, in writing, indorsed on or annexed to the warrant, proving the handwriting of the magistrate by whom it was issued. Upon such proof, the magistrate indorsing the warrant is exempted from liability to a civil or criminal action, though it afterwards appear that the warrant was illegally or improperly issued. En. February 14, 1872. Am'd. 1880, 33.

Crim. Prac. Act, sec. 113. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 821. Defendant to be taken before the magistrate issuing the warrant, etc. If the offense charged is a felony, the officer making the arrest must take the defendant before the magistrate who issued the warrant, or some other magistrate of the same county, as provided in section eight hundred and twenty-four. En. February 14, 1872.

Cal. Rep. Cit. 54, 103; 65, 217; 67, 232.

Crim. Prac. Act, sec. 116. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Bail.-Defendant must be taken before magistrate who issued warrant: Post, sec. 824.

§ 822. Defendant arrested for misdemeanor in another county, to be admitted to bail. If the offense charged is a misdemeanor, and the defendant is arrested in another county, the officer must, upon being required by the defendant, take him before a magistrate in that county, who must admit the defendant to bail, and take bail from him accordingly. En. February 14, 1872.

Cal. Rep. Cit. 54, 103; 67, 232.

Crim. Prac. Act, sec. 115. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.