SECTIONS 737-740 - California Statutes

PENAL CODE

SECTION 737-740

737. All felonies shall be prosecuted by indictment or information,
except as provided in Section 859a. A proceeding pursuant to Section
3060 of the Government Code shall be prosecuted by accusation.

738. Before an information is filed there must be a preliminary
examination of the case against the defendant and an order holding
him to answer made under Section 872. The proceeding for a
preliminary examination must be commenced by written complaint, as
provided elsewhere in this code.

739. When a defendant has been examined and committed, as provided
in Section 872, it shall be the duty of the district attorney of the
county in which the offense is triable to file in the superior court
of that county within 15 days after the commitment, an information
against the defendant which may charge the defendant with either the
offense or offenses named in the order of commitment or any offense
or offenses shown by the evidence taken before the magistrate to have
been committed. The information shall be in the name of the people
of the State of California and subscribed by the district attorney.

740. Except as otherwise provided by law, all misdemeanors and
infractions must be prosecuted by written complaint under oath
subscribed by the complainant. Such complaint may be verified on
information and belief.