If the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace officer, who must deliver the defendant into the proper custody, together with the commitment.

(Enacted 1872.)

Terms Used In California Penal Code 876

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
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