§ 1423. When two preceding sections are not applicable. The provisions of the two preceding sections are not applicable 1. When there is imminent danger of the death of the person convicted or imprisoned. 2. When the term of imprisonment of the applicant is within ten days of its expiration. En. February 14, 1872. OF PROCEEDINGS TITLE XI. IN JUSTICES' AND POLICE COURTS, AND APPEALS TO SUPERIOR COURTS. Chapter I. Proceedings in Justices' and Police Courts, §§ 1426-1461. II. Appeals to Superior Courts, §§ 1466-1470. CHAPTER I. PROCEEDINGS IN JUSTICES' AND POLICE COURTS. 1426. § 1427. Proceedings must be commenced by complaint. When warrant of arrest must issue. Form of warrant. The plea, and how put in. Issue, how tried. Change of venue, when granted. Proceedings on change of venue. Postponement of the trial. Defendant to be present. § 1428. § 1429. § 1430. § 1431. § 1432. § 1433. § 1434. § 1435. § 1436. § 1437. Oath of jurors. Jury trial, how waived. Challenges. § 1442. 1443. § 1444. § 1445. § 1446. 1447. § 1448. Court to decide questions of law, but not of fact. Verdict of jury, how delivered and entered. Verdict, when several defendants are tried together. Costs. Judgment, when to be rendered. Motion for a new trial, or in arrest of judgment. Grounds of motion in arrest of judgment. Judgment to be entered in the minutes. § 1449. § 1450. § 1451. New trial, grounds of. § 1452. § 1453. § 1454. § 1455. § 1456. § 1457. § 1458. § 1459. § 1460. Discharge of defendant on judgment of acquittal or fine only. Judgment of imprisonment, how executed. Judgment of imprisonment until fine is paid, how executed. Subpoenas. Entitling adffidavits. § 1461. "Police courts" defined. § 1426. Proceedings must be commenced by complaint. All proceedings and actions before a justice's or police court, for a public offense of which such courts have jurisdiction, must be commenced by complaint under oath, setting forth the offense charged, with such particulars of time, place, person, and property, as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint En. February 14, 1872. Cal.Rep.Cit. 54, 409; 55, 228; 60, 105; 60, 106; 65, 615; 106, 408; 109, 450. Crim. Prac. Act, sec. 608. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Police courts, organization, etc.: 4424 et seq. See Pol. Code, secs. Justices' courts, organization, etc.: See Code Civ. Proc., secs. 85 et seq. Police judge, provisions relating to: 4424-4432. See Pol. Code, secs. Jurisdiction of police court over various offenses: See Pol. Code, sec. 4426. § 1427. When warrant of arrest must issue. Form of warrant. If the justice of the peace, or police justice, is satisfied therefrom that the offense complained of has been committed, he must issue a warrant of arrest, which must be substantially in the following form: County of me The people of the state of California to any sheriff, constable, marshal, or policeman in this state: Complaint upon oath having been this day made before (justice of the peace or police justice, as the case may be) by C. D., that the offense of (designating it generally) has been committed, and accusing E. F. thereof; you are therefore commanded forthwith to arrest the above named E. F. and bring him before me forthwith, at (naming the place). Witness my hand and seal at this day A. B. Crim. Prac. Act, sec. 610. En. April 20, 1850. 1851, 290. En. 1851, 212. Arrest by peace officer: Ante, sec. 836. Arrest by private person: Ante, sec. 837. Arrest by oral order of magistrate: Ante, sec. 838 Rep. Duty of officer or person making arrest: Ante, secs. 847, 848. Warrant of arrest, form of: Ante, sec. 814. § 1428. Minutes, how kept. A docket must be kept by the justice of the peace, or police justice, or by the clerk of the courts held by them, if there is one, in which must be entered each action, and the proceedings of the court therein. En. February 14, 1872. Cal.Rep.Cit. 55, 228; 94, 499. Crim. Prac. Act, sec. 613. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1429. The plea, and how put in. The defendant may make the same plea as upon an indictment, as provided in section ten hundred and sixteen. His plea must be oral, and entered in the minutes. If the defendant plead guilty, the court may, before entering such plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed; and if it appear to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any indictment which may be found against him by the grand jury, or any information which may be filed by the district attorney. En. February 14, 1872. Am'd. 1873-4, Crim. Prac. Act, sec. 611. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1860, 71. Pleas: See ante, sec. 1016. § 1430. Issue, how tried. Upon a plea other than a plea of guilty, if the parties waive a trial by jury, and an adjournment or change of venue is not granted, the court must proceed to try the case. En. February 14, 1872. Am'd. 1880, 5. Cal.Rep.Cit. 92, 576. Crim. Prac. Act, sec. 614. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Jury trial, how waived: Post, sec. 1435. § 1431. Change of venue, when granted. If the action or proceeding is in a justice's court, a change of the place of trial may be had at any time before the trial com mences 1. When it appears from the affidavit of the defendant that he has reason to believe, and does believe, that he cannot have a fair and impartial trial before the justice about to try the case, by reason of the prejudice or bias of such justice, the cause must be transferred to another justice of the same or an adjoining township. 2. When it appears from affidavits that the defendant cannot have a fair and impartial trial, by reason of the prejudice of the citizens of the township, the cause must be transferred to a justice of the township where the same prejudice does not exist. En. February 14, 1872. Cal. Rep.Cit. 85, 602; 119, 402. Change of venue: Ante, secs. 1033, 1034. § 1432. Proceedings on change of venue. When a change of the place of trial is ordered, the justice must transmit to the justice before whom the trial is to be had all the original papers in the cause, with a certified copy of the minutes of his proceedings; and upon receipt thereof, the justice to whom they are delivered must proceed with the trial in the same manner as if the proceeding or action had been originally commenced in his court. En. February 14, 1872. Ante, sec. 1036. Ante, sec. 1038. Transfer of records, etc., of the action: Before the com § 1433. Postponement of the trial. mencement of a trial in any of the courts mentioned in this chapter, either party may, upon good cause shown, have a reasonable postponement thereof. En. February 14, 1872. Cal.Rep.Cit. 66, 396. § 1434. Defendant to be present. The defendant must be personally present before the trial can proceed. En. February 14, 1872. Crim. Prac. Act, sec. 612. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Presence of defendant: See ante, sec. 1043. § 1435. Jury trial, how waived. A trial by jury may be waived by the consent of both parties expressed in open court and entered in the docket. The formation of the jury is provided for in chapter one, title three, part one, of the Code of Civil Procedure. En. February 14, 1872. Am'd. 1880, 5. Cal.Rep.Cit. 92, 576. Constitutional provision.-"A trial by jury may be waived in all criminal cases not amounting to felony, by the consent of both parties, expressed in open court. . . . In cases of misdemeanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court": Const. Cal., art. I, sec. 7. |