Authority for the exe cution of a judgment, other than of death CHAPTER II. THE EXECUTION. SECTION 1213. Authority for the execution of a judgment, other than of death. 1214. If for fine alone, execution to issue as in civil cases. 1215. Judgment of £ne and imprisonment, by whom and how executed. 1216. Duty of Sheriff on receiying copy of judgment of imprisonment. 1217. Warrant of execution upon judgment of death. Time of execution. 1218. Judge to transmit statement of conviction and testi mony to Governor. 1219. Governor may require opinion of Justices of Supreme Court, etc., thereon. 1220. Judgment of death, when suspended. 1221. If reason to suppose defendant insane, jury to inquire 1222. Duty of District Attorney upon inquisition. 1224. Proceedings upon finding of jury. 1225. Proceedings when female is supposed to be pregnant, 1226. Proceedings upon the finding of the jury. 1227. Proceedings when judgment of death remaining in force has not been executed. 1228. Punishment of death, how inflicted. 12:9. Execution, where to take place and who to be present. 1230. Return upon death warrant. 1213. (§ 463.) When a judgment, other than of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution. NOTE. No other authority for the detention of a prisoner is required than a certified copy of the judgment rendered against him.-In Re Brown, 32 Cal., p. 48; In Re Ring, 28 Cal., p. 247; Ex Parte Gibson, 31 Cal., p. 619. A commitment which doe not contain & copy of the judgment entered in the minutes, but merely recites the history. of the action and the proceedings therein, is not sufficient authority for the detention of a prisoner.-Ex Parte Dobson, 31 Cal., p. 497; Ex Parte Gibson, 31 Cal., p. 619. a fine alone, exe 1214. (§ 464.) If the judgment is for alone, execution may be issued thereon as on a judg ment in a civil action. NOTE.-Stats. 1851, p. 212; see, also, Sec. 1206 of this Code. If for fine ution to issue as in civil cases. of ne and immison ment, by 1215. (§ 465.) If the judgment is for imprison- Judgment ment, or a fine, and imprisonment until it be paid, the defendant must forthwith be committed to the custody whom and of the proper officer, and by him detained until the executed. judgment is complied with. NOTE.-See Sec. 1205 of this Code, and note. Sheriff on copy of of impris ,1216. If the judgment is for imprisonment in the Duty of State Prison, the Sheriff of the county must, upon receiving receipt of a certified copy thereof, take and deliver judgment the defendant to the Warden of the State Prison. He onment. must also deliver to the Warden the certified copy of the judgment, and take from the Warden a receipt for the defendant. NOTE.-Stats. 1856, p. 226, Sec. 2; see note to Sec. 1213 of this Code. execution ment of death. Time of execution. 1217. (§ 466.) When judgment of death is ren- Warrant of dered, a warrant, signed by the Judge, and attested upon judg by the Clerk under the seal of the Court, must be drawn and delivered to the Sheriff. It must state the conviction and judgment, and appoint a day on which the judgment is to be executed, which must not be less than thirty nor more than sixty days from the time of judgment. NOTE. The practice of designating, in a judgment of death, a day for carrying it into effect, is not in keeping with this provision. The day should be designated in the warrant, but not in the judgment.-People vs. Bonilla, 38 Cal., p. 699; People vs. Murphy, April Term, 1872. If the judgment of death be not executed on the day appointed, it is competent for the Court rendering the judgment to appoint another day for carrying it into execution.-People vs. Bonilla, 38 Cal., p. 699. 1217. The day for carrying into effect the sentence of death ould not be designated in the judgment, but in the warrant for the ecution. People v. Murphy, 45 Cal. 137. Judge to transmit statement of convic testimony to Governor 1218. (§ 467.) The Judge of the Court at which a conviction requiring judgment of death is had, must, tion and immediately after the conviction, transmit to the Governor, by mail or otherwise, a statement of the conviction and judgment, and of the testimony given at the trial. Governor may require opinion of 1219. (§ 468.) The Governor may thereupon require the opinion of the Justices of the Supreme Court Justices of and of the Attorney General, or any of them, upon Court, etc., the statement so furnished. Supreme thereon. Judgment of death, when 1220. (§ 469.) No Judge, Court, or officer, other Suspended. than the Governor, can suspend the execution of a judgment of death, except the Sheriff, as provided in the six succeeding sections, unless an appeal is taken. If reason to suppose insane, jury to inquire into it; how and by whom ordered. 1221. (§ 470.) If, after judgment of death, there defendant is good reason to suppose that the defendant has become insane, the Sheriff of the county, with the concurrence of the Judge of the Court by which the judgment was rendered, may summon from the list of jurors selected by the Supervisors for the year a jury of twelve persons to inquire into the supposed insanity, and must give immediate notice thereof to the District Attorney of the county. Duty of 1222. (§ 471.) The District Attorney must attend the inquisition, and may produce witnesses before the inquisition jury, for which purpose he may issue process in the same manner as for witnesses to attend before the Grand Jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the Court. Inquisition, how certified and filed. 1223. (§ 472.) A certificate of the inquisition must be signed by the jurors and the Sheriff and filed with the Clerk of the Court in which the conviction was had. ings upon jury. 1224. (§§ 473, 474.) If it is found by the inquisi- Proceedtion that the defendant is sane, the Sheriff must execute finding of the judgment; but if it is found that he is insane, the Sheriff must suspend the execution of the judgment until he receives a warrant from the Governor or from the Judge of the Court by which the judgment was rendered directing the execution of the judgment. If the inquisition finds that the defendant is insane, the Sheriff must immediately transmit it to the Governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment. ings when supposed pregnant. 1225. (§ 475.) If there is good reason to suppose Proceedthat a female against whom a judgment of death is female is rendered is pregnant, the Sheriff of the county, with t the concurrence of the Judge of the Court by which the judgment was rendered, may summon a jury of three physicians to inquire into the supposed pregnancy. Immediate notice thereof must be given to the District Attorney of the county, and the provisions of Sections 1222 and 1223' apply to the proceedings upon the inquisition. 1226. (§§ 476, 477.) If it is found by the inquisition that the female is not pregnant, the Sheriff must execute the judgment; if it is found that she is pregnant, the Sheriff must suspend the execution of the judgment, and transmit the inquisition to the Governor. When the Governor is satisfied that the female is no longer pregnant, he may issue his warrant appointing a day for the execution of the judgment. Proceed ings upon the finding of the jury. ings when of death remaining not been in force has 1227. (§§ 478, 479.) If for any reason a judgment Proceedof death has not been executed and it remains in force, judgment the Court in which the conviction was had, on the application of the District Attorney, must order the defendant to be brought before it, or, if he is at large, a warrant for his apprehension may be issued. Upon executed. Punish ment of the defendant being brought before the Court it must inquire into the facts, and if no legal reasons exist against the execution of the judgment, must make an order that the Sheriff execute the judgment at a specified time. The Sheriff must execute the judg ment accordingly. 1228. (§ 480.) The punishment of death must be death, how inflicted by hanging the defendant by the neck until inflicted. Execution, where to and who to he is dead. NOTE.-Stats. 1851, p. 212. 1229. A judgment of death must be executed take place within the walls or yard of a jail, or some convenient be present. private place in the county. The Sheriff of the county must be present at the execution, and must invite the presence of a physician, the District Attorney of the county, and at least twelve reputable citizens, to be selected by him; and he shall, at the request of the defendant, permit such ministers of the gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient, to witness the execution. But no other persons than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness the same. NOTE.-Founded upon the Act to abolish public executions. (Stats. 1558. p. 192, Sec. 1.) Return upon death warrant. 1230. After the execution, the Sheriff must make a return upon the death warrant, showing the time, mode, and manner in which it was executed, NOTE.-Stats. 1858, p. 192, Sec. 3. |