California Statutes
§ 1098. — 1098. (Amended by Stats. 1955, Ch. 103.)
California § 1098.
JurisdictionCalifornia
Code PENPenal Code - PEN
Title7.
Part 2.TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT
Ch. 2.CHAPTER 2. The Trial
This text of California § 1098. (1098. (Amended by Stats. 1955, Ch. 103.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Cal. Penal Code - PEN Code § 1098. (2026).
Text
When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order separate trials. In ordering separate trials, the court in its discretion may order a separate trial as to one or more defendants, and a joint trial as to the others, or may order any number of the defendants to be tried at one trial, and any number of the others at different trials, or may order a separate trial for each defendant; provided, that where two or more persons can be jointly tried, the fact that separate accusatory pleadings were filed shall not prevent their joint trial.
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Related
Collins v. Runnels
603 F.3d 1127 (Ninth Circuit, 2010)
United States ex rel. Smith v. Nelson
275 F. Supp. 261 (N.D. California, 1967)
Ratliff v. Hedgepeth
712 F. Supp. 2d 1038 (C.D. California, 2010)
Collins v. Runnels
580 F. Supp. 2d 1000 (E.D. California, 2008)
Ronald Paul Foster v. K.W. Prunty, Chief Deputy Warden
110 F.3d 68 (Ninth Circuit, 1997)
Legislative History
Amended by Stats. 1955, Ch. 103.
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California § 1098., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/PEN/1098..