California Penal Code CHAPTER 2 - Rules of Pleading

  • Section 948.
    All the forms of pleading in criminal actions, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by...
  • Section 949.
    The first pleading on the part of the people in the superior court in a felony case is the indictment, information, or the complaint in...
  • Section 950.
    The accusatory pleading must contain:1. The title of the action, specifying the name of the court to which the same is presented, and the names of...
  • Section 951.
    An indictment or information may be in substantially the following form: The people of the State of California against A. B. In the superior court...
  • Section 952.
    In charging an offense, each count shall contain, and shall be sufficient if it contains in substance, a statement that the accused has committed some...
  • Section 953.
    When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must...
  • Section 954.
    An accusatory pleading may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or...
  • Section 954.1.
    In cases in which two or more different offenses of the same class of crimes or offenses have been charged together in the same accusatory...
  • Section 955.
    The precise time at which the offense was committed need not be stated in the accusatory pleading, but it may be alleged to have been...
  • Section 956.
    When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to...
  • Section 957.
    The words used in an accusatory pleading are construed in their usual acceptance in common language, except such words and phrases as are defined by...
  • Section 958.
    Words used in a statute to define a public offense need not be strictly pursued in the accusatory pleading, but other words conveying the same...
  • Section 959.
    The accusatory pleading is sufficient if it can be understood therefrom:1. That it is filed in a court having authority to receive it, though the name...
  • Section 959.1.
    (a) Notwithstanding Sections 740, 806, 949, and 959 or any other law to the contrary, a criminal prosecution may be commenced by filing an accusatory pleading...
  • Section 960.
    No accusatory pleading is insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter...
  • Section 961.
    Neither presumptions of law, nor matters of which judicial notice is authorized or required to be taken, need be stated in an accusatory pleading.(Amended by...
  • Section 962.
    In pleading a judgment or other determination of, or proceeding before, a Court or officer of special jurisdiction, it is not necessary to state the...
  • Section 963.
    In pleading a private statute, or an ordinance of a county or a municipal corporation, or a right derived therefrom, it is sufficient to refer...
  • Section 964.
    (a) In each county, the district attorney and the courts, in consultation with any local law enforcement agencies that may desire to provide information or other...
  • Section 965.
    When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or the procurement...
  • Section 966.
    In an accusatory pleading for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect...
  • Section 967.
    In an accusatory pleading charging the theft of money, bank notes, certificates of stock or valuable securities, or a conspiracy to cheat or defraud a...
  • Section 968.
    An accusatory pleading charging exhibiting, publishing, passing, selling, or offering to sell, or having in possession, with such intent, any lewd or obscene book, pamphlet,...
  • Section 969.
    In charging the fact of a previous conviction of felony, or of an attempt to commit an offense which, if perpetrated, would have been a...
  • Section 969a.
    Whenever it shall be discovered that a pending indictment or information does not charge all prior felonies of which the defendant has been convicted either...
  • Section 969b.
    For the purpose of establishing prima facie evidence of the fact that a person being tried for a crime or public offense under the laws...
  • Section 969e.
    In charging the fact of a previous conviction for a violation of Section 5652 of the Fish and Game Code, or of Section 13001 or...
  • Section 969f.
    (a) Whenever a defendant has committed a serious felony as defined in subdivision (c) of Section 1192.7, the facts that make the crime constitute a serious...
  • Section 969.5.
    (a) Whenever it shall be discovered that a pending complaint to which a plea of guilty has been made under Section 859a does not charge all...
  • Section 970.
    When several defendants are named in one accusatory pleading, any one or more may be convicted or acquitted.(Amended by Stats. 1951, Ch. 1674.)
  • Section 971.
    The distinction between an accessory before the fact and a principal, and between principals in the first and second degree is abrogated; and all persons...
  • Section 972.
    An accessory to the commission of a felony may be prosecuted, tried, and punished, though the principal may be neither prosecuted nor tried, and though...
  • Section 973.
    If the accusatory pleading in any criminal action has heretofore been lost or destroyed or shall hereafter be lost or destroyed, the court must, upon...

Last modified: October 22, 2018