The San Francisco call., 1909-05-31
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sppeal is taken the clerk must transmit 10 the
clerk Of the appellate court 9 typewriter copy
~ the Indictment. accusation or informs tion:
minutes IF the plea. minutes ~ the demurrer;
demurrer. minutes Of the trial; other minutes OF
the action. ncinding motions for arrest or new
trisi; charges, judgment and written or printed
Chap. 7is: Amends section 1873. penal code.
reisting 70 Whist may be reviewed on appeal by
defendant snd materially enlarGine tile jurisdic-
Ton IF the court Of review. The original section
p-ovided tnst the court might review any inter
mediate order Cr ruling involving the merits or
which may have affected the judgment The
amended section provides thst the court may
without exception having been taken, in the
Trial court, review any question Of law In
rolved in any ruling order or Instruction. OF
ANYTHING said OF done the trial before or
after judgment. II said OF done over objection
considered hv the lower court. and which affected
snv substantial right Of the defendant The court
may also review any instruction. refusal or
modification 10 instruct even II no ooJeetlon
interposed. II defendants substantial rights
chan. zoe: Repeals sections 117o. III. ll72,
lI7s. l174. 1lT5 and ii17 Of the penal code'
relating 10 bills Of exception on appeal
Chap 10: Adds six new sections. l24l 10
l247e, to the penal code. prescribing methoo
for the preparation n records 10 ne used on
spnesl IN criminal cases the purpose or which
is 90 expedite the consideration Of appeals ana
simplify the procedure. The new sections pro
vide FOR the transcription u testimony otneIeu
being completed n 20 days; ten days TOT opJec-
rions and corrections; Immediate hearing snd
determination q the objections by The court ana
thereafter immediate fransmittsl 10 the appel
late court The appellate court mag extend the
time for transcription Of notes. but no extension
may be granted by the court Appeared from
Chap. 10s: Amends section 20 cooe OF cl6li
uFocedure relating 10 official court reporters,
ky providing that court reporter or court re-
Porter pro tempore, shall be competent 10 act as
such in any court until be shall have tuliS con-
pieted and fled sil prescriptions OF MS notes IN
any criminal case, appeal. and by adding
section 274b new. which provides thst the re-
ef1qfT
snd three copies OF matter ordered transcribed
in criminal cases on appeal.
ARREST OF JUDGMENT
Chap 10: Amends section ils5, penal code.
defining motion for arrest Of Judgment By cut
ring ont pies of former scquittal. and section
1856. providing for arrest Of judgment by he
court on its own motion by providing that such
arrest must be ordered before Judgment Is
pronounced.
BAIL
chsp 500. Amends section 1872 penal code,
reisting 10 admission 10 bail pending appeals
~ providing that the defendant may be ad-
anresT is from a Judgment imposing imprisoo
ment in eases Of misdemeanor.
GRAND JURIES-TRANSCR OF
TESTIMONY
chap. T2e: Amends section s25. penal code.
nv providing that competent stenographer
snust be appointed 70 report the testimony taken
ia the investigation Of criminal causes and taat
: transcript Of such testimony must be delivered
10 the defendant upon mis- srraignment after IN
6ictment- The section originally provided LOT
the appointment Of stenographer only on the
. demand of the district attorney In the event
there IS no Indictment aud arraighment Inc
transcripts viii remain secret records.
Chsp. 727: Amends section HSe. penal code
relating 10 srra iGnnnents 10 correspond WIN sec
tion o25 IS amended and masing the delivery
ef true copy of the testimony taken before
tho grand jury To the defendant mandatoTF-
chap. 200: Amends section SO. penal code.
relating 10 keeping and furnishing deposltioas
in criminsl charges before q committing msgis-
defendant the magistrate must order tran
script Of the depOsti0ns taken on the inIorlna-
tiou OF the examination to be furnished tne oe-
fendsut Immediately at the defendants expense
GRAND JURY WITNESSES
Chap. ass: Amends section 430Og Of the polit-
i~sl code hy providing fees and mileage for wit
nesses summoned before grand jury; fee SlIo
day in actual attendance, mileage, 10 cents
one way.
JUDGMENT-NEW TRIAL
Chap. $50: Amends sections 1871 and 1902
Of the penal code governing announcement ot
judgment in criminal cases. The court must
Eve DAYS after the verdict or plea for the pass
ing of Judgment. The court may extend TOT not
more than 10 days TO hesr motion for new
trial; for not more than 20 days when me
question of probation is considered; ana II the
question OF insanity IS raised until such ques-
rion Is determined. The amendment 70 sectien
1902 provides that in the event Of the failure
of The court To pronounce Judgment within the
limf-s dEed in section ll91 the defendant snail
he entitled 10 new trial shall be the case
- rhe court refuse TO hear motion for new trial
ar neglect II determine such motion within the
time fxed by section II9l-
COURT
Chap. 1876: Superior courts are given
especial jurisdiction of delinquent children under
inc age Of IS yesrs In counties having more
rban one judge-the judges shall select one of
their number 10 sit in the Juvenile court The
definitions Of delinquency include begging va
grat,cy. wandering absence Of guardian. parent ~
lone association with reputed criminals IRE
orienring n pool rooms and saloons, incorrigibi-
frr bshirusI drunkenness OF father, habitual use
Of cigarettes or intoNicsnts
Delinauency may be brought 10 the attention
-of the Juvenile court by the ding Of an infof
nation with the county clerk No child under
+i.o sZe of IS years may be tried for crime
until fhe matter has been first submitted 10 the
Juvenile court. A probation committee OF seven
persons Of either sex IS provided Such com
lnfrteo shall serve without pay, and II IS the
d-ffr n the committee 10 investigate persons
and institutions having In charge children con-
n,itted TO them by the court. A probation officer
for each county is provided Such officer may
b. nominated In any manner the court may
designate aud the appointment Is 70 he made
hr tie court. The salaries for probation officers
range from S225 down 10 s. q month.
so child under the age Of IS may be com
nli-fed 70 any jail or prison before trial and
,.onviction and even after conviction may not
80 confined with adult conyicts or prisoners.
STATUTE LIMITATION - MISDE-
MEANOR
Chsp. e47: ADDS section 142Gs 10 the penal
ro5e providing that 2 complaint for any mis-
fled within year after its commission