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Strana 113 - 251. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. The jury have the right to determine the law and the fact.
Strana 26 - testify," and every written one in the term "depose"; signature or subscription includes mark, when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as a witness. The following words, also, have in this Code the signification attached to them
Strana 100 - of robbery. 211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Requisites of offense.—The property taken should belong to a person other than the defendant—21 Cal. 344: where title Is
Strana 110 - 245. Every person who commits an assault upon the person of another with a deadly weapon or instrument, or by any means or force likely to produce great bodily Injury, is punishable by imprisonment in the State prison, or in a county jail, not exceeding two years, or by fine not exceeding five thousand dollars,
Strana 41 - of treason. 37. Treason against this State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the State. The punishment of treason shall be death. Treason against a State is an offense at common law—2
Strana 401 - the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the action is pending. Second.—On the application of the District Attorney, on the ground that from any cause no jury can be obtained for the trial of the defendant in the county where the action is pending.
Strana 108 - Assaults with deadly weapons. 240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Assault defined.—An assault Is an unlawful attempt, coupled with a present ability, to commit a violent Injury on the person of another —2 Wash. CC
Strana 25 - 4. The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its object and to promote justice. Common-law rule
Strana 323 - 849. 837. A private person may arrest another— 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, although not in his presence. 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
Strana 157 - State prison for not less than one nor more than ten years. 370. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with