1446. A judgment that the defendant pay a fine, may also direct that he be imprisoned until the fine be satisfied, in the proportion of one day's imprisonment for every dollar of the fine. [Approved March 7th, 1874.] 1447. When the defendant is acquitted, either by the court or by the jury, he must be immediately discharged; and if the court certify in the minutes that the prosecution was malicious or without probable cause, it may order the prosecutor to pay the costs of the action, or to give satisfactory security by a written undertaking, with one or more sureties, to pay the same within thirty days after the trial. 1448. If the prosecutor does not pay the costs, or give security therefor, the court may enter judgment against him for the amount thereof, which may be enforced in all respects in the same manner as a judgment rendered in a - civil action. 1449. After a plea or verdict of guilty, or after a verdict against the defendant, on a plea of a former conviction or acquittal, the court must appoint a time for rendering judgment, which must not be more than two days nor less than six hours after the verdict is rendered, unless the defendant waive the postponement. If postponed, the court may hold the defendant to bail to appear for judgment. [Approved March 30th, in effect July 1st, 1874.] 1450. At any time before judgment, defendant may move for a new trial or in arrest of judgment. See ante, § 1182. 1451. A new trial may be granted in the following cases: 1. When the trial has been had in the absence of the defendant, unless he voluntarily absent himself, with full knowledge that a trial is being had. 2. When the jury has received any evidence out of court. 3. When the jury has separated without leave of the court, after having retired to deliberate upon their ver dict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case. 4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors. 5. When there has been error in the decision of the court, given on any question of law arising during the course of the trial. 6. When the verdict is contrary to law or evidence. 7. When new evidence is discovered material to the defendant, and which he could not, with reasonable d gence, have discovered and produced at the trial; b when a motion for a new trial is made upon this ground the defendant must produce at the hearing the affidavi of the witnesses by whom such newly-discovered evidence is expected to be given. See ante, §§ 1179-82. 1452. The motion in arrest of judgment may be found ed on any substantial defect in the complaint, and the efect of an arrest of judgment is to place the defendant : the same situation in which he was before the trial was had. A motion is an application for an order made viva voce to a or judge, and making out and filing a written application is not s ficient. The attention of the court must be called to it, and the cou moved to grant it-41 Cal. 650. 1453. If the judgment is not arrested, or a new tra granted, judgment must be pronounced at the time ap pointed, and entered in the minutes of the court. 1454. If judgment of acquittal is given, or judgmets! imposing a fine only, without imprisonment for non-pa ment, and the defendant is not detained for any othe legal cause, he must be discharged as soon as the judg ment is given. 1455. When a judgment of imprisonment is entered! certified copy thereof must be delivered to the sherif marshal, or other officer, which is a sufficient warrant for its execution. 1456. When a judgment is entered imposing a fine, or ordering the defendant to be imprisoned until the fine is paid, he must be held in custody during the time specified in the judgment, unless the fine is sooner paid. Judgment.-A judgment that defendant be fined three hundred dollars, and that in default of payment he be imprisoned in the county jail not exceeding three hundred days, is a substantial compliance with section 1205 of this Code-54 Cal. 205. 1457. Upon payment of the fine, the officer must discharge the defendant, if he is not detained for any other legal cause, and apply the money to the payment of the expenses of the prosecution, and pay over the residue, if any, within ten days, to the county or city treasurer, according as the offense is prosecuted in a justice's or police court. If a fine is imposed, and paid before commitment, it must be applied as prescribed in this section. This section and section 1570, post, are to be construed together-45 Cal. 245. 1458. The defendant, at any time after his arrest, and before conviction, may be admitted to bail. The provisions of this Code relative to bail are applicable to bail in Justices, or Police Courts. See ante, §§ 822-29, 1268-1317. 1459. The justice or judge of either of the courts mentioned in this chapter may issue subpoenas for witnesses, as provided in section thirteen hundred and twenty-six, and punish disobedience thereof, as provided in section one thousand three hundred and thirty-one. 1460. The provisions of section one thousand four hundred and one, in respect to entitling affidavits, are applicable to proceedings in the courts mentioned in this chapter. 1461. The term "Police Courts," as used in this and the succeeding chapter, includes Police Judges' Courts, Police Courts, and all courts held by mayors or recorders in incorporated cities or towns. CHAPTER IL. APPEALS TO SUPERIOR COURTS, 1466. Appeals, when allowed. § 1467. Appeals, how taken, heard, and determined. § 1468. Statement on appeal. § 1469. If new trial granted, in what court had. § 1470. Proceedings, if appeal is dismissed or judginent affirmed 1466. Either party may appeal to the Superior Court of the county from a judgment of a Justice's or Police Court, in like cases and for like cause as appeals may be taken to the Supreme Court. [In effect April 12th, 1880)| See 26 Cal. 635. 1467. The appeal is taken, heard, and determined provided in title nine, part two, of this Code. See ante, §§ 1235-65. 1468. The appeal to the Superior Court from the jud ment of a Justice's or Police Court is heard upon a stat ment of the case settled by the justice or police judg embodying such rulings of the court as are excepted t which statement must be filed with and settled by t court within ten days after filing notice of appeal. [ effect April 12th, 1880.] See 26 Cal. 635. 1469. If a new trial is granted upon appeal, it ma be had in the Superior Court. [In effect April 12th, 188 See 26 Cal. 635. 1470. If the appeal is dismissed or the judgme affirmed, a copy of the order of dismissal or judgmen: affirmance must be remitted to the court below, wh may proceed to enforce its sentence. Jurisdiction.-The Superior Court has jurisdiction on habeas com to issue any and all process necessary to the execution of its jude as over a person arrested on a berch-wariant after affirinant judgment-54 Cal. 345; see Const. Cal art. 6, § 5. TITLE XII. Of Special Proceedings of a Criminal Nature. CHAP. I. OF THE WRIT OF HABEAS CORPUS, §§ 1473-1505. II. OF CORONERS' INQUESTS AND DUTIES OF CORONERS, §§ 1510-19. III. OF SEARCH-WARRANTS, §§ 1523-42. IV. PROCEEDINGS AGAINST FUGITIVES FROM JUS- V. MISCELLANEOUS PROVISIONS RESPECTING SPE- PEN. CODE.-49. |