California Penal Code 959 – The accusatory pleading is sufficient if it can be understood …
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 of the court be not stated.
Terms Used In California Penal Code 959
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- county: includes "city and county". See California Penal Code 7
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
2. If an indictment, that it was found by a grand jury of the county in which the court was held, or if an information, that it was subscribed and presented to the court by the district attorney of the county in which the court was held.
3. If a complaint, that it is made and subscribed by some natural person and sworn to before some officer entitled to administer oaths.
4. That the defendant is named, or if his name is unknown, that he is described by a fictitious name, with a statement that his true name is to the grand jury, district attorney, or complainant, as the case may be, unknown.
5. That the offense charged therein is triable in the court in which it is filed, except in case of a complaint filed with a magistrate for the purposes of a preliminary examination.
6. That the offense was committed at some time prior to the filing of the accusatory pleading.
(Amended by Stats. 1951, Ch. 1674.)