Objections can only be taken by challenge.

§ 901. [Repealed March 22, 1911; Stats. 1911, p. 434.]

Permitting prejudiced juror to retire.

§ 907. Before considering a charge against any person, the foreman of the grand jury shall state to those present the matter to be considered and the person to be charged with an offense in connection therewith, and direct any member of the grand jury who has a state of mind in reference to the case or to either party which will prevent him from acting impartially and without prejudice to the substantial rights of the party to retire. Any violation of this section by the foreman or any member of the grand jury is punishable by the court as a contempt. [New section approved March 23, 1911; Stats. 1911, p. 452.]

§ 915.

Citations. App. 9/282, 283.

§ 919.

Citations. App. 8/220.

§ 922.

Citations. Cal. 157/666.

Advice to grand jury. Report of testimony. Service on defendant. Who may be present.

§ 925. The grand jury may, at all times, ask the advice of the court, or the judge thereof, or of the district attorney; but unless such advice is asked, the judge of the court must not be present during the sessions of the grand jury. The district attorney of the county may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable by them, and may interrogate witnesses before them whenever he thinks it necessary; the grand jury, on the demand of the district attorney, whenever criminal causes are being investigated before them, must appoint a competent stenographic reporter to be sworn and to report the testimony that may be given in such causes in shorthand, and to transcribe the same in all cases where an indictment is returned. If an indictment has been found against a defendant, a copy of the testimony given in his case before the grand jury, shall be served upon him within five days after the discharge of the grand jury, or if the grand jury has not been discharged, at least five days before the cause is set for trial. The services of such stenographic reporter constitute a charge against the county. No person other than those specified in this and the succeeding section is permitted to be present during the session of the grand jury, except the members and witnesses actually under examination, and no person must be permitted to be present during the expression of their opinions, or giving their votes upon any matter before them. The grand jury or district attorney may require by subpoena the attendance of any person before

the grand jury as interpreter, and such interpreter may, while his services are necessary, be present at the examination of witnesses before the grand jury. The services of such interpreter constitute a charge against the county. [Amendment approved March 22, 1911; Stats. 1911, p. 434.]

Citations. Cal. 157/666.

§ 926.

Citations. App. 8/220.

Grand jury to examine books.

§ 928. It shall be the duty of the grand jury annually to make a careful and complete examination of the books, records, and accounts of all the officers of the county, and especially those pertaining to the revenue, and report as to the facts they have found, with such recommendations as they may deem proper and fit; and if, in their judgment, the services of an expert are necessary, they shall have power to employ one, at an agreed compensation, not to exceed ten dollars a day, to be first approved by the court; and if, in their judgment, the services of assistants to such expert are required, they shall have power to employ such, at a compensation to be agreed upon and approved by the court, not to exceed, however, five dollars a day for each assistant, such compensation of expert and assistants to be payable as other county charges. It shall be the duty of every grand jury first impaneled in even-numbered years to investigate and report upon the needs of all county officers in its county, including increase or decrease in salaries, number of officers, deputies or employees, the abolition or creation of offices and the equipment for, or the method or system of performing the duties of, the several offices, and it shall cause a copy of such report to be transmitted to each member of the legislature representing the county in which it has been impaneled before the commencement of the regular session of the legislature in odd-numbered years. The judge, on impanelment of the grand jury, shall charge them especially as to their duties under this section; provided, that if any grand jury, shall, in the report above mentioned, comment upon any person or official who has not been indicted by the said grand jury, the said comments shall not be deemed to be privileged. [Amendment approved March 16, 1911; Stats. 1911, p. 373.]

§ 950.

Citations. Cal. (subd. 2) 158/677. App. 8/350, 352, 643, 647; 9/675, 682; 11/189; 13/356, 740; (subd. 2) 14/204.

§ 951.

Citations. App. 8/350, 643; 9/675; 11/189.

§ 952.

Citations.

Cal. 155/810, 812. App. 8/350, 643; 9/675, 682; 11/189; (subd.

Citations. App. 13/324.

Arraignment of defendant.

§ 988. 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 true 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. [Amendment approved March 22, 1911; Stats. 1911, p. 435.]

When indictment must be set aside. When information.

§ 995. The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases:

If it be an indictment:

1. Where it is not found, indorsed, and presented as prescribed in this code.

2. When it appears by the testimony of the foreman or secretary of the grand jury that the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, are Lot inserted at the foot of the indictment, or indorsed thereon.

3. When a person is permitted to be present during the session of the grand jury, and when the charge embraced in the indictment is under consideration, except as provided in section 925.

If it be on information:

1. That before the filing thereof the defendant had not been legally committed by a magistrate.

2. That it was not subscribed by the district attorney of the county, or city and county. [Amendment approved March 22, 1911; Stats. 1911, p. 435.]

Citations. Cal. 157/664, 665, 666. App. 8/217, 220, 602; 9/264, 543; 12/477; 13/526, 528, 540; (subd. 1) 18/527; (subd. 4) 13/527.

§ 1007.

Citations. Oal. 156/458; 158/672.

Amendment of indictment. When demurrer is sustained.

§ 1008. An indictment or information may be amended by the district attorney without leave of court, at any time before the defendant pleads. Such amendment may be made at any time thereafter, in the discretion of the court where it can be done without prejudice to the substantial rights of the defendant. An indictment cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination. If a demurrer is sustained and an amendment is not allowed, or if allowed, is not made, within such reasonable time as the court may fix, the court shall give a judgment of dismissal, which shall be a bar to another prosecution for the same offense. The defendant shall thereupon be discharged, unless the court directs the case to be submitted to the same or another grand jury, or directs a new information to be

filed; provided that after such order or resubmission, the defendant may be examined before a magistrate, and discharged or committed by him, as in other cases. [Amendment approved March 22, 1911; Stats. 1911, p. 436.]

Citations. Cal. 156/458; 158/672. App. (subd. 4) 11/477.

§ 1019.

Citations. App. 14/450.

§ 1025.

Citations. Cal. 156/738.

§ 1033.

Citations. Cal. 157/772, 774, 775, 777, 781. App. 10/565, 566. § 1038.

Citations. Oal. 157/781.

Substitution of judges in criminal actions.

§ 1053. If after the commencement of the trial of a criminal action or proceeding the judge shall die, become ill, or for any other reason be unable to proceed with the trial, any other judge of the superior court in and for the county, or city and county, in which the case is pending may proceed with and finish the trial; or, if there be no other judge of such superior court, then the clerk or sheriff shall adjourn the court and continue the case from day to day, until such time as the governor shall designate a judge of the superior court from some other county to proceed with and complete the trial, or until such time as, by stipulation in writing between the district attorney and the attorney for the defendant, filed with the clerk, a judge shall be agreed upon by them to complete said trial. The judge authorized by the provisions of this section to proceed with and complete the trial shall have the same power, authority and jurisdiction as if the trial had been commenced before such judge. [New section approved March 14, 1911; Stats. 1911, p. 365.]

§ 1059.

Citations. App. 8/199.