TITLE VI. OF PLEADINGS AND PROCEEDINGS AFTER INDICTMENT AND BEFORE THE COMMENCEMENT OF THE TRIAL. Chapter I. Of the Arraignment of the Defendant, §§ 976 990. II. Setting Aside the Indictment, §§ 995-999. IV. Plea, §§ 1016-1025. V. VI. Transmission of Certain Indictments from the County Court to the District Court of Municipal Criminal Court of San Francisco, §§ 1028-1030. Removal of the Action before Trial, §§ 10331038. VII. The Mode of Trial, §§ 1041-1043. VIII. Formation of the Trial Jury and the Calendar of Issues for Trial, §§ 1046-1049. IX. Postponement of the Trial, § 1052. CHAPTER I. OF THE ARRAIGNMENT OF THE DEFENDANT. § 976. Defendant must be arraigned in the court where the indict. ment is filed or transferred. § 977. $ 978. § 979. 980. § 981. § 982. Defendant, when to be present at arraignment. Directions in the bench-warrant. § 983. Bench-warrant, how served. § 984. Proceeding on giving bail in another county. 985. Ordering defendant into custody or increasing bail when indictment is for felony. § 986. Defendant, if present when order made, to be committed; ir not, bench-warrant to issue. § 987. Right to counsel on arraignment. § 988. Arraignment, how made. § 989. Proceedings on arraignment, when defendant is not indicted by his true name. § 990. Time allowed, and how defendant may answer on arraignment. § 976. Defendant must be arraigned in the court where the indictment is filed or transferred. When the indict ment or information is filed, the defendant must be arraigned thereon before the court in which it is filed, unless the cause is transferred to some other county for trial. En. February 14, 1872. Am'd. 1880, 15. Cal. Rep. Cit. 60, 105; 60, 106; 78, 564; 142, 109. Crim. Prac. Act, sec. 258. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 977. Defendant, when to be present at arraignment. If the indictment or information be for a felony, the defendant must be personally present; but if for a misdemeanor, he may appear upon the arraignment by counsel. En. February 14, 1872. Am'd. 1880, 16. Cal. Rep. Cit. 55, 298; 57, 350. Crim. Prac. Act, sec. 259. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 42, 168. See Const. Cal., art. I, sec. 13. § 978. If in custody, to be brought before court. When his personal appearance is necessary, if he is in custody, the court may direct and the officer in whose custody he is must bring him before it to be arraigned. En. February 14, 1872. Cal. Rep. Cit. 57, 350. Crim. Prac. Act, sec. 260. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 979. If discharged on bail, bench-warrant to issue. If the defendant has been discharged on bail, or has deposited money instead thereof, and do not appear to be arraigned when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench-warrant for his arrest. En. February 14, 1872. Cal. Rep. Cit. 55, 298; 56, 84; 57, 350. Crim. Prac. Act, sec. 261. En. April 20, 1850. 290. En. 1851, 212. Cal. Rep. Cit. 35, 109. Rep. 1851, § 980. Bench-warrant, by whom and how issued. The clerk, on the application of the district attorney, may, at any time after the order, whether the court is sitting_or not, issue a bench-warrant to one or more counties. En. February 14, 1872. Cal. Rep. Cit. 55, 298. Crim. Prac. Act, sec. 262. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 35, 109. day of § 981. Form of bench-warrant. The bench-warrant upon the indictment or information must, if the offense is a felony, be substantially in the following form: County of The people of the state of California to any sheriff, constable, marshal, or policeman in this state: An indictment having been found [or information filed] on the A. D. eighteen in the superior court of the county of , charging C. D. with the crime of [designating it generally]; you are, therefore, commanded forthwith to arrest the above named C. D., and bring him before that court, [or if the indictment and information has been sent to another court, then before that court, naming it] to answer said indictment [or information], or if the court be not in session, that you deliver him into the custody of the sheriff of the county of Given under my hand, with the seal of said court affixed, this day of A. D. By order of said court. [Seal.] En. February 14, 1872. Am'd. 1880, 16. Cal. Rep. Cit. 54, 103; 55, 298. E. F., Clerk. Crim. Prac. Act, sec. 263. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 159. 1982. Directions in the bench-warrant. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the sheriff of the county in which the indictment is found or information filed, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench-warrant a direction to the following effect: "Or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer to the in dictment, or [information]''; and the court, upon directing it to issue, must fix the amount of bail, and an indorsement must be made thereon and signed by the clerk, to the following effect: "The defendant is to be admitted to bail in the sum of dollars.'' En. February 14, 1872. Am'd. 1880, 16. Cal. Rep. Cit. 54, 103; 55, 298. Crim. Prac. Act, sec. 264. 290. En. 1851, 212. En. April 20, 1850. Rep. 1851, Crim. Prac. Act, sec. 265. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 266. 290. En. 1851, 212. En. April 20, 1850. Rep. 1851, § 983. Bench-warrant, how served. The bench-warrant may be served in any county, in the same manner as a warrant of arrest, except that when served in another county it need not be indorsed by the magistrate of that county. En. February 14, 1872. Cal. Rep. Cit. 55, 298. Crim. Prac. Act, sec. 267. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 984. Proceeding on giving bail in another county. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings must be had thereon. En. February 14, 1872. Cal. Rep. Cit. 55, 298. Crim. Prac. Act, sec. 268. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. See Arrest, ante, secs. 841-851. § 985. Ordering defendant into custody or increasing bail when indictment is for felony. When the information or indictment is for a felony, and the defendant, before the filing thereof, has given bail for his appearance to answer the charge, the court to which the indictment or information is presented, or in which it is pending, may order the defendant to be committed to actual custody, unless he Pen. Code-23 gives bail in an increased amount, to be specified in the order. En. February 14, 1872. Am'd. 1873-4, 439; 1880, 16. Crim. Prac. Act, sec. 269. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 35, 109. § 986. Defendant, if present when order made, to be committed; if not, bench-warrant to issue. If the defendant is present when the order is made, he must be forthwith committed. If he is not present, a bench-warrant must be issued and proceeded upon in the manner provided in this chapter. En. February 14, 1872. Crim. Prac. Act, sec. 270. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 987. Bight to counsel on arraignment. If the defendant appears for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel. If he desires and is unable to employ counsel, the court must assign counsel to defend him. February 14, 1872. En. Cal. Rep. Cit. 55, 298; 66, 229; 102, 231; 137, 645. Crim. Prac. Act, sec. 271. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Right to have counsel: Article VI of the amendments to the constitution of the United States; art. I, sec. 13, state constitution. § 988. Arraignment, how made. The arraignment must be made by the court, or by the clerk or district attorney under its direction, and consists in reading the indictment or information to the defendant and delivering to him a copy thereof, and of the indorsements thereon, including the list of witnesses, and asking him whether he pleads guilty or not guilty to the indictment or information. En. February 14, 1872. Am'd. 1880, 16. |