768. The district attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses, as upon a trial of an indictment. 769. Upon a conviction, the court must, at such time as it may appoint, pronounce judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, and the causes of removal must be assigned therein. 770. From a judgment of removal an appeal may be taken to the Supreme Court, in the same manner as from a judgment in a civil action; but until such judgment is reversed, the defendant is suspended from his office. Pending the appeal, the office must be filled as in case of a vacancy. 771. The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by him to a judge of the Superior Court of the county, who must thereupon appoint some one to act as prosecuting officer in the matter, or place the accusation in the hands of the district attorney of an adjoining county, and require him to conduct the proceedings. [In effect April 12th, 1880.] 772. When an accusation in writing, verified by the oath of any person, is presented to a Superior Court, alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered, or to be rendered, in his office, or has refused or neglected to perform the official duties pertaining to his office, the court must cite the party charged to appear before the court at a time not more than ten nor less than five days from the time the accusation was presented; and on that day, or some other subsequent day not more than twenty days from that on which the accusation was presented, must proceed to hear, in a sum PEN. CODE.-26. mary manner, the accusation, and evidence offered in support of the same, and the answer and evidence offered by the party accused; and if, on such hearing, it appears that the charge is sustained, the court must enter a decree that the party accused be deprived of his office, and must enter a judgment for five hundred dollars in favor of the informer, and such costs as are allowed in civil cases. [In effect April 12th, 1880.] Removal by summary proceedings.-The Legislature is invested with power to provide for the trial for misdemeanor of all civil officers, except those specified in the Constitution-45 Cal. 216; and to vest jurisdiction in such court as it may designate-id. Before an offcer can be removed from office and fined, under the provisions of this section, for extortion, the court must find that the fees were knowingly, willfully, or corruptly taken-50 Cal. 646. A corrupt motive is essential-6 B. Mon. 171; 1 Leigh, 709; 15 Wend. 277; 2 Doug. 426; Term. Rep. 653; 23 Up. Can. Q. B. 376; though passion or party prejudice may constitute corruption-2 Term. Rep. 190. The existence of a motive may be inferred from the acts or circumstances-24 Minn. 158; 1 Salk. 380; 3 Doug. 327. See ante, § 518; and see Desty's Crim. Law, § 82, et seq. Private persons have a right to institute inquiries into the conduct of office-holders-43 Cal. 229. 1 TITLE III. Of the Proceedings in Criminal Actions Prosecuted by Indictment, to the Commitment, inclusive. CHAP. I. OF THE LOCAL JURISDICTION OF PUBLIC OF- II. OF THE TIME OF COMMENCING CRIMINAL AC- III. THE INFORMATION, §§ 806-9. IV. THE WARRANT OF ARREST, §§ 811-29. V. ARREST, BY WHOM AND HOW MADE, §§ 834-51. 854-5. VII. EXAMINATION OF THE CASE AND DISCHARGE CHAPTER I. OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES. § 777. Jurisdiction of offenses committed in this State. § 778. Offenses commenced without, but consummated within this State. $779. When an inhabitant of this State is concerned in a duel out of the same, and a party wounded dies therein. § 780. Leaving the State to evade the statute against dueling. § 781. Offense committed partly in one county and partly in another. § 782. Committed on the boundary, etc., of two or more counties. § 783. Jurisdiction of an offense on board a vessel or car. § 784. Jurisdiction for kidnapping or abduction. § 785. Jurisdiction of an indictment for bigamy or incest. 786. Property feloniously taken in one county and brought into another. 5 787. Jurisdiction for escaping from prison. $788. Jurisdiction for treason committed out of the State. § 789. Jurisdiction for stealing, etc., property, out of State, and brought therein. § 790. Jurisdiction for murder, etc., where the injury was inflicted in one county, and the party dies out of that county. § 791. Of an indictment against an accessory. § 792. Of principals who are not present, etc., at commission of the principal offense. $793. Conviction or acquittal in another State a bar, where the jurisdiction is concurrent. $794. Conviction or acquittal in another county a bar, where the jurisdiction is concurrent. $795. Jurisdiction of prize-fight. 777. Every person is liable to punishment by the laws of this State, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States. Jurisdiction generally.-State tribunals have no power to punish crimes against the laws of the United States as such; as in false swearing before register of land-office-38 Cal. 150; 4 Blackf. 147; or under the national bankrupt act-15 N. H. 83; but see 108 Mass. 309. It is only when an offense is also an offense against the State laws that State ibunals trhave jurisdiction-38 Cal. 150; and see 54 Me. 381. So, there is a distinction between counterfeiting and circulating counterfeit coin-10 Law Reporter, 500. The former is an offense directly against the government; the latter is an offense against the State, and may be punished by the laws of the State-34 Cal. 183; 5 How. 410; 10 id. 560; 1 Doug. (Mich.)207; 3 Head, 26; 2 Tread. 776; 2 Law Reporter, 92; but see 3 Mo. 421; and dis. opin. 5 How. 433. Exclusive jurisdiction is uniformly attendant upon exclusive legislation-2 Mason, 91; and see 34 Cal. 183; 9 Peters, 261; 5 How. 410; 14 id. 14. That the defendant will be liable to prosecution in the courts of the United States will not exclude jurisdiction in State courts-6 Ind. 436; so, State courts have power to try for murder a soldier in the military service of the United States-6 Parker Cr. R. 143. Congress cannot confer jurisdiction on State courts, and States have no power to make offenses against the United States laws cognizable in their courts-34 Cal. 280; nor can Congress confer on United States courts jurisdiction to try indictments found in State courts-5 Parker Cr. R. 577. The authority of Congress is limited to subjects peculiar to the Federal government-1 Woolw. 17. So, robbery committed on land is not punishable by any act of Congress-Hemp. 411; State tribunals have no jurisdiction to grant relief on the unlawful imprisonment of a United States officer-5 Dutch. 409; or on habeas corpus. to take a person out of the hands of a United States officer-40 Barb. 34. When jurisdiction is wholly derived from the statute, it cannot be enlarged by presumption or by implication-49 Me. 412. See Const. Prov. ante, page 20. Cannot be conferred by consent.-Consent cannot confer jurisdiction to try a party for any other offense than that charged in the indictment-50 Cal. 448; 4 Parker Cr. R. 386. A party may waive objections to the jurisdiction in a criminal case-5 Hun, 308; so, where a party voluntarily submits to the jurisdiction, judgment will not be reversed-49 Mo. 432. So, where a conviction was had before a de facto judge, his acts are valid-17 Wis. 521; so, the casual and temporary absence of one of the judges does not impair the validity of the proceedings-36 N. Y. 431. Appellate jurisdiction.-If the constitution confers appellate jurisdiction, and no mode is provided for taking the appeal, the case may be brought up on a writ of error, or the court may frame an appropriate writ-52 Cal. 220; 5 id. 190; 3 id. 247; 24 id. 334. It attaches in criminal cases on questions of law alone-2 La. An. 221; 9 id. 24; and not until after sentence or judgment-id. 69; id. 157; 18 id. 340; 22 id. 9. The Supreme Court has not jurisdiction of a criminal case involving the validity of a tax, etc.-30 Cal. 98; nor has it of a lesser grade of offense than felony -7 Cal. 139; id. 165; 5 id. 295; 9 id. 86; 16 id. 187; 20 Cal. 117; 29 id. 459; 30 id. 98; 31 id. 565. There is an absolute right of appeal from the Municipal Criminal Court to the County Court when the mode and means of appeal are provided-41 Cal. 129. The State, in a criminal case before a justice of the peace, has a right of appeal as well as the defendant-22 Iowa, 140. See Const. Prov. ante, page 20. Power of Legislature.-The Legislature may establish criminal courts in addition to those specified in the Constitution, and give them concurrent jurisdiction-69 Pa. St. 9; 44 Tex. 64; or it may establish special courts in cities and towns-76 N. C. 33; 65 id. 379; 66 id. 313. So, the Municipal Criminal Court of San Francisco is a constitutional court-39 Cal. 517; 41 id. 129. See Const. Prov. ante, page 19. Courts generally-District Courts have jurisdiction over punishments for extortion in office-45 Cal. 200. See generally Const. Cal. art. vi. County Courts are courts of general Jurisdiction, and all intendments are in favor of their proceedings-27 Cal. 65; 41 id. 129. In all cases of misdemeanor its judginent is final except in cases of excess of jurisdiction-29 Cal. 459; 30 id. 98. A Justice's Court has no extra territorial jurisdiction-4 Nev. 412. The repeal of a criminal law does not operate to bar the punishment of an offense under the law unless |