prove a marriage in other cases; and when the second marriage took place out of this State, proof of that fact, accompanied with proof of cohabitation there-after in this State, is sufficient to sustain the charge. NOTE.-Stats. 1861, p. 415, Sec. 1; see note to Sec. 281, ante. Evidence upon a trial for forging bank bills, etc. 1107. Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, or for passing, or attempting to pass, or having in possession with intent to pass, any such forged bill or note, it is not necessary to prove the incorporation of such bank or company by the charter or act of incorporation, but it may be proved by general reputation; and persons of skill are competent witnesses to Experts. prove that such bill or note is forged or counterfeited. NOTE.-Stats. 1850, p. 229, Sec. 79; see Sec. 470, and note, ante. upon trial abortion seduction. 1108. Upon a trial for procuring or attempting to Evidence procure an abortion, or aiding or assisting therein, or for for inveigling, enticing, or taking away an unmarried and female of previous chaste character, under the age of twenty-five years, for the purpose of prostitution, or aiding or assisting therein, the defendant cannot be convicted upon the testimony of the woman upon or with whom the offense was committed, unless she is corroborated by other evidence. NOTE.-See People vs. Joselyn, 39 Cal., p. 393; and on a trial for selling, tickets. etc., lottery 1109. Upon a trial for the violation of any of the Evidence provisions of Chapter IX, Title IX, Part I of this Code, it is not necessary to prove the existence of any lottery in which any lottery ticket purports to have been issued, or to prove the actual signing of any such ticket or share, or pretended ticket or share, of any pretended lottery, nor that any lottery ticket, share, or interest was signed or issued by the authority of any manager, Evidence . or of any person assuming to have authority as manager; but in all cases proof of the sale, furnishing, bartering, or procuring of any ticket, share, or interest therein, or of any instrument purporting to be a ticket, or part or share of any such ticket, is evidence that such share or interest was signed and issued according to the purport thereof. Conviction uncor testimony NOTE.-Stats. 1861, p. 229, Sec. 12. 1110. (§ 376.) Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person any money, personal property, or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language, unaccompanied by a false token or writing, unless the pretense, or some note or memorandum thereof be in writing, subscribed by or in the handwriting of the defendant, or unless the pretense be proven by the testimony of two witnesses, or that of one witness, and corroborating circumstances; but this section shall not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying, or receiving any money or property. NOTE.-Stats. 1862, p. 53, Sec. 1. 1111. (§ 375.) A conviction cannot be had on the testimony of an accomplice, unless he is corroborated roborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances of accomplice thereof. 50 all 449 разм cloona NOTE.-Founded upon Sec. 375 of the Criminal Practice Act of 1851, which read as follow: "Section 375. A conviction cannot be had upon the testimony of an accomplice, unless he be corroborate 1 by such other evidence as shall tend to convict the de- In The People vs. Ames, 39 Cal., p. 403, says Justice * pose of the statute was to prohibit a conviction, unless Cal., evidence show higher the one charged, proceedings to be had 1112. (§§ 379, 380.) If it appears by the testi- If the mony that the facts proved constitute an offense of a higher nature than that charged in the indictment, offense than the Court may direct the jury to be discharged, and all proceedings on the indictment to be suspended, theroon. and may order the defendant to be committed or continued on, or admitted to bail to answer any indictment which may be found against him for the higher offense. If an indictment for the higher offense is found by a Grand Jury impaneled within a year next thereafter, he must be tried thereon, and a plea of former acquittal to such last found indictment is not Court may discharge sustained by the fact of the discharge of the jury on the first indictment. 1113. (§ 381.) The Court may direct the jury to jury when be discharged where it appears that it has not juris it has not jurisdiction, etc. Proceedings, if jury for want of diction of the offense, or that the facts charged in the indictment do not constitute an offense punishable by law. 1114. (§ 382.) If the jury is discharged because discharged the Court has not jurisdiction of the offense charged jurisdiction in the indictment, and it appears that it was com mitted out of the jurisdiction of this State, the defendant must be discharged. of offense committed out of the State. Proceedings in such case, when offense committed in the State 1115. ($$ 383, 384.) If the offense was committed within the exclusive jurisdiction of another county of this State, the Court must direct the defendant to be committed for such time as it deems reasonable, to await a warrant from the proper county for his ar rest; or if the offense is a misdemeanor only, it may admit him to bail in an undertaking, with sufficient securities, that he will, within such time as the Court may appoint, render himself amenable to a warrant for his arrest from the roper county, and, if not sooner arrested thereon, will attend at the office of the Sheriff of the county where the trial was had, at a certain time particularly specified in the undertaking, to surrender himself upon the warrant, if issued, or that his bail will forfeit such sum as the Court may fix, to be mentioned in the undertaking; and the Clerk must forthwith transmit a certified copy of the indictment, and of all the papers filed in the action, to the District Attorney of the proper county, the ex pense of which transmission is chargeable to that NOTE.-See People vs. Mellon, 40 Cal., p. 648; 1116. (§§ 385, 386.) If the defendant is not ar- Same. ings, if jury because the constitute 1117. (§§ 387, 388.) If the jury is discharged Proceedbecause the facts as charged do not constitute an discharged offense punishable by law, the Court must order that facts do not the defendant, if in custody, be discharged; or if an offense. admitted to bail, that his bail be exonerated; or if he has deposited money instead of bail, that the money be refunded to him, unless in its opinion a new indict ment can be framed upon which the defendant can be legally convicted, in which case it may direct that the case be submitted to the same or another Grand Jury; and if the Court directs that the case be submitted anew, the same proceedings must be had thereon as are prescribed in Section 998. NOTE. As a matter of course the order and the ground of the order are to be made a matter of record. evidence side is 1118. (§ 389.) If, at any time after the evidence When on either side is closed, the Court deems it insufficient on either to warrant a conviction, it may advise the jury to acquit the defendant. But the jury are not bound by the advice. NOTE.-See history of case in People vs. Webb, cited in note to Sec. 1112, ante. closed, Court may to acquit. |