California Penal Code 1197 – The bench warrant must be substantially in the following form:County …
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The bench warrant must be substantially in the following form:
County of ____
Terms Used In California Penal Code 1197
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
- seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
The people of the State of California to any peace officer in this State: ______ (name of defendant) having been on the ____ day of ____, 19_, duly convicted in the ____ court of ____ (naming the court) of the crime of ____ (designating it generally), you are therefore commanded forthwith to arrest the above named defendant and bring him before that court for judgment.
Given under my hand with the seal of said court affixed, this ____ day of ____, 19_.
By order of said court.
____________________
(seal)Clerk (or Judge, or Justice)
(Amended by Stats. 1951, Ch. 1674.)