§ 1129. Defendant appearing for trial may be committed. When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the proper officer of the county, to abide the judgment or further order of the court, and he must be committed and held in custody accordingly. En. February 14, 1872. Cal.Rep.Cit. 59, 676.

Crim. Prac. Act, sec. 403. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1130. If district attorney fails to attend, court may appoint. If the district attorney fails to attend at the trial, the court must appoint some attorney at law to perform the duties of the district attorney on such trial. February 14, 1872.

Cal.Rep.Cit. 98, 142; 135, 414; 135, 415.

En.

District attorney, duties of: Pol. Code, secs. 4256-4258. Argument: Ante, sec. 1093, subd. 5.

Number of counsel: Ante, sec. 1095.

Order of argument: Ante, sec. 1093, subd. 5.

§ 1131. Allegations of larceny or embezzlement, when sustained. Upon a trial for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, the allegation of the indictment or information, so far as regards the description of the property, is sustained, if the offender be proved to have embezzled or stolen any money, bank-notes, certificates of stock, or valuable security, although the particular species of coin or other money, or the number, denomination, or kind of bank-notes, certificates of stock, or valuable security, be not proved; and upon a trial for embezzlement, if the offender be proved to have embezzled any piece of coin or other money, any bank-note, certificate of stock, or valuable security, although such piece of coin or other money, or such bank-note, certificate of stock, or valuable security, may have been delivered to him in order that some part of

the value thereof should be returned to the party delivering the same, and such part shall have been returned accordingly. En. stats. 1873-4, 445. Am'd. 1880, 24. Cal.Rep.Cit. 56, 80; 66, 277; 69, 237; 108, 541.

CHAPTER III.

CONDUCT OF THE JURY AFTER THE CAUSE IS SUBMITTED TO THEM.

§ 1135. Room, etc., for jury after retirement.

§ 1136.

§ 1137.

§ 1138.

§ 1139.

§ 1140.

§ 1141.

§ 1142.

§ 1143.

Juries to be supplied with food and lodging.
What papers the jury may take with them.

After retirement, may return into court for information.
If juror after retirement becomes sick, etc.

Not to be discharged unless there is no probability that
they can agree.

When discharged without verdict, cause to be again tried.
Court may adjourn during absence, but deemed open.
Fees of jurors. Payment of same.

§ 1135. Room, etc., for jury after retirement. A room must be provided by the supervisors of each county for the use of the jury, upon their retirement for deliberation, with suitable furniture, fuel, lights, and stationery. If the supervisors neglect, the court may order the sheriff to do so, and the expenses incurred by him in carrying the order into effect, when certified by the court, are a county charge. En. February 14, 1872.

Crim. Prac. Act, sec. 404. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 160.

Jury expenses: See Pol. Code, sec. 4344, subd. 3.

§ 1136. Juries to be supplied with food and lodging. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court must direct the sheriff to provide the jury with suitable and sufficient food and lodging, or other reasonable necessities. And the auditor, upon the order of the court, shall draw his warrant for the expenses so incurred, and the same shall be paid by the treasurer of

the county, or city and county, out of the general fund. En. February 14, 1872. Am'd. 1901, 654.

Cal.Rep.Cit. 61, 186; 61, 188; 78, 338; 111, 85.

Crim. Prac. Act, sec. 405. En. April 20, 1850. 1851, 290. En. 1851, 212.

Rep.

§ 1137. What papers the jury may take with them. Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the cause, or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them the written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves, or any of them, but none taken by any other person. En. February 14, 1872.

Cal.Rep.Cit. 61, 551; 61, 553; 74, 485; 120, 111.

Crim. Prac. Act, sec. 406. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Crim. Prac. Act, sec. 407. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1138. After retirement, may return into court for information. After the jury have retired for deliberation, if there be any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer to conduct them into court. Upon being brought into court, the information required must be given in the presence of, or after notice to, the district attorney and the defendant or his counsel, or after they have been called. En. February 14, 1872. Am'd. 1873-4, 445.

Cal.Rep.Cit. 53, 575; 65, 569; 111, 85.

Crim. Prac. Act, sec. 408. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

Cal.Rep.Cit. 29, 627; 29, 629; 37, 276.

§ 1139.

If juror after retirement becomes sick, etc. If, after the retirement of the jury, one of them be taken

so sick as to prevent the continuance of his duty, or any other accident or cause occur to prevent their being kept for deliberation, the jury may be discharged. En. February 14, 1872.

Crim. Prac. Act, sec. 409. En. April 20, 1850. 1851, 290. En. 1851, 212.

Discharge of jury: See ante, sec. 1123.

Rep.

§ 1140. Not to be discharged unless there is no probability that they can agree. Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict, and rendered it in open court, unless by consent of both parties, entered upon the minutes, or unless at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree. En. February 14, 1872.

Cal.Rep.Cit. 76, 59; 97, 401; 100, 142.

Crim. Prac. Act, sec. 410. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1141. When discharged without verdict, cause to be again tried. In all cases where a jury is discharged or prevented from giving a verdict by reason of an accident or other cause, except where the defendant is discharged during the progress of the trial, or after the cause is submitted to them, the cause may be again tried. En. February 14, 1872. Am'd. 1880, 24.

Crim. Prac. Act, sec. 411.

1851, 290. En. 1851, 212.

New trial: See post, sec. 1181.
Jeopardy: See ante, sec. 687.

En. April 20, 1850. Rep.

§ 1142. Court may adjourn during absence, but deemed open. While the jury are absent, the court may adjourn from time to time, as to other business, but it must nevertheless be open for every purpose connected with the

cause submitted to the jury, until a verdict is rendered or the jury discharged. En. February 12, 1872.

Cal.Rep.Cit. 65, 621.

Crim. Prac. Act, sec. 412. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212.

§ 1143. Fees of jurors. Payment of same. The fees of jurors in the superior courts of the state, in criminal cases, shall be two dollars, in lawful money of the United States, for each day's attendance, and mileage, to be computed at the rate of fifteen cents per mile for each mile necessarily traveled in attending court, in going only. Such fees and mileage shall be paid by the treasurer of the county, or city and county, in which the juror's services were rendered, out of the general fund of said county, or city and county, upon warrants drawn by the county auditor upon the written order of the judge of the court in which said juror was in attendance, and the treasurer of said county, or city and county, shall pay said warrants. The board of supervisors of each county, or city and county, is hereby directed to make suitable appropriation for the payment of the fees herein provided for. En. February 14, 1872. Rep. 1880, 6. En. Stats. 1901, 290.

Cal.Rep.Cit. 138, 267; 138, 269; 138, 271; 138, 273.

Crim. Prac. Act, sec. 413.

1851, 290. En. 1851, 212.

En. April 20, 1850. Rep.