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§ 174. Bringing Chinese into the state. Every person bringing to or landing within this state any person born either in the empire of China or Japan, or the islands adjacent to the empire of China, without first presenting to the commissioner of immigration evidence satisfactory to such commissioner that such person desires voluntarily to come into this state and is a person of good character, and obtaining from such commissioner a permit describing such person and authorizing the landing, is punishable by a fine of not less than one nor more than five thousand dollars, or by imprisonment in the county jail not less than two nor more than twelve months.

Legislation § 174. Enacted February 14, 1872. The code commissioners say: "This section embodies the material penal provisions of the act to prevent the kidnaping and importation of Mongolian females for criminal purposes, and the kindred act of March 18. 1870 (Stats. 1869-70, pp. 330 et seq.). The provisions of this section are broad enough to include every offense defined in either act."

§ 175. Separate and distinct prosecution. Every individual person of the classes referred to in the two preceding sections, brought to or landed within this state contrary to the provisions of such sections, renders the person bringing or landing liable to a separate prosecution and penalty.

Legislation § 175. Enacted February 14, 1872.

§ 176. Omission of duty by public officer. Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

Legislation § 176. Enacted February 14, 1872; based on Field's Draft, § 215, N. Y. Pen. Code, § 154.

§ 177. Offenses, when misdemeanors. When an act or omission is declared by a statute to be a public offense, and no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor. [Amendment approved 1874; Code Amdts. 1873-74, p. 426.]

Legislation § 177. 1. Enacted February 14, 1872 (based on Field's Draft, § 216, N. Y. Pen. Code, § 155), and then read: "Where the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed in any statute, the doing of such act is a misdemeanor."

2. Amended by Code Amdts. 1873-74, p. 426.

§ 178. Officers of corporations not to employ Chinese. [Repealed 1905; Stats. 1905, p. 652.]

Legislation § 178. 1. Added by Code Amdts. 1880, p. 1.

2. Repeal by Stats. 1901, p. 446; unconstitutional. See note, § 5,

ante.

3. Repealed by Stats. 1905, p. 652; the code commissioner saying in his notes to §§ 178, 179, "These sections were, in the circuit court of the United States, ninth judicial district, explicitly held to be in violation of the constitution of the United States, on May 22, 1880. (In re Parrott, 5 Pac. Coast L. J. 161.) They are now obsolete, and are, therefore, repealed. An ordinance in somewhat similar terms was also held unconstitutional in Ex parte Kerboch, 85 Cal. 274."

§ 179. Corporations not to employ Chinese. [Repealed 1905; Stats. 1905, p. 652.]

Legislation § 179. 1. Added by Code Amdts. 1880, p. 2. 2. Repeal by Stats. 1901, p. 446; unconstitutional. See note, § 5, ante.

3. Repealed by Stats. 1905, p. 652. See ante, Legislation § 178, for code commissioner's note.

§ 180. County treasurer shall not receive private moneys on deposit. Any county treasurer who shall accept, or allow, any deposit in the county treasury of moneys from any private and unofficial source, is guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or by a fine of not less than five hundred dollars and not more than five thousand dollars, or both such fine and imprisonment, in the discretion of the court, and, in addition thereto, shall forfeit his office.

Legislation § 180. Added by Stats. 1897, p. 56. Another section numbered 180 was added by Stats. 1899, p. 4 (the present §§ 171a, 171b, 171e, q. v., ante). See post, Legislation § 180a.

§ 180a. Bringing narcotics, intoxicating liquors, firearms, etc., into state prisons. [Repealed 1905; Stats. 1905, p. 652.]

Legislation § 180a. 1. Added by Stats. 1899, p. 4, as § 180, and then read: "180. Any person, not authorized by law, who brings into either of the state prisons of the state of California, or any reformatories therein, or within the grounds of such institutions, any opium, morphine, cocaine, or other narcotics, or any intoxicating liquors of any kind whatever, or firearms, weapons, or explosives of any kind, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for a term not less than one nor more than five years, and shall be disqualified from holding any state office or position in the employ of this state." 2. Amended by Stats. 1901, p. 107, (1) renumbering the section 180a; (2) adding, after "grounds of such institutions," the words "or who brings into or passes into any jail within the state of California."

3. Repeal by Stats. 1901, p. 446; unconstitutional. See note, § 5,

ante.

4. Repealed by Stats. 1905, p. 652. See ante, §§ 171a, 171b, 171c, and Legislation §§ 171a, 171b, 171c, 180.

§ 181. Infringement of personal liberty or attempt to assume ownership of persons. Penalty. Every person who holds, or attempts to hold, any person in involuntary servitude, or assumes, or attempts to assume, rights of ownership over any person, or who sells, or attempts to sell, any person to another, or receives money or anything of value, in consideration of placing any person in the custody, or under the power or control of another, or who buys, or attempts to buy, any person, or pays money, or delivers anything of value, to another, in consideration of having any person placed in his custody, or under his power or control, or who knowingly aids or assists in any manner any one thus offending, is punishable by imprisonment in the state prison not less than one nor more than ten years. Legislation § 181. Added by Stats. 1901, p. 330.

CHAPTER VIII.

Conspiracy.

§ 182. Criminal conspiracy defined and punishment fixed.
No other conspiracies punishable criminally.
Overt act, when necessary.

§ 183.
$ 184.

§ 185.

Wearing mask or disguise.

§ 182. Criminal conspiracy defined and punishment fixed. If two or more persons conspire:

One. To commit any crime;

Two. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime;

Three. Falsely to move or maintain any suit, action, or proceeding;

Four. To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses; or,

Five. To commit any act injurious to the public health, to public morals, or for the perversion or obstruction of justice, or due administration of the laws;

-They are punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or both. [Amendment approved 1874; Code Amdts. 1873-74, p. 426.]

Evidence on trial for conspiracy: See post, § 1104.

Legislation § 182. 1. Enacted February 14, 1872; based on Field's Draft, § 224, N. Y. Pen. Code, § 169; also based on Crimes and Punishment Act, Stats. 1850, p. 242, § 102, which read: "§ 102. If two or more persons shall conspire either to commit any offense; or falsely and maliciously to indict another for any offense; or to pro

cure another to be charged or arrested for any such offense; or falsely to move or maintain any suit; or to cheat or defraud anv person of any property by any means which, if executed, would amount to a cheat; or to obtain money or property by false pretenses; or to cheat or defraud any person of any property by any means which are in themselves criminal; or to commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or due administration of the laws, they shall, on conviction, be punished by imprisonment in the county jail not more than one year, or by a fine not exceeding one thousand dollars." When enacted in 1872, § 182 differed from the amendment of 1873-74 (the present section), having (1) the word "or" at end of subds. 1, 2, and 3; (2) after subd. 3 the section reading, "4. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat, or to obtaining money or property by false pretenses; or, 5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws; They are punishable by impris onment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars."

2. Amended by Code Amdts. 1873-74, p. 426.

§ 183. No other conspiracies punishable criminally. No conspiracies, other than those enumerated in the preceding section, are punishable criminally.

Legislation § 183. Enacted February 14, 1872 (N. Y. Pen. Code, §170); based on Crimes and Punishment Act, Stats. 1850, p. 212, § 103.

§ 184. Overt act, when necessary. No agreement, except to commit a felony upon the person of another, or to commit arson, or burglary, amounts to a conspiracy, unless some act, beside such agreement, be done to effect the object thereof, by one or more of the parties to such agreement.

Legislation § 184. Enacted February 14, 1872; based on Field's Draft, § 226, N. Y. Pen. Code, § 171; Crimes and Punishment Act, Stats. 1850, p. 242, § 104.

§ 185. Wearing mask or disguise. It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the purpose of:

One. Evading or escaping discovery, recognition, or identification in the commission of any public offense.

Two. Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

Legislation § 185. Added by Code Amdts. 1873-74, p. 426.

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V. Attempts to Kill. §§ 216-219.

VI. Assaults With Intent to Commit Felony, Other Than
Assaults With Intent to Murder. §§ 220-222.

VII. Duels and Challenges. §§ 225-232.

VIII.

IX.

X.

False Imprisonment. §§ 236, 237.

Assault and Battery. §§ 240-246.
Libel. §§ 248-259.

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Excusable homicide.

Justifiable homicide by public officers.

§ 197. Justifiable homicide by other persons.

§ 198.

Bare fear not to justify killing.

§ 199. Justifiable and excusable homicide not punishable.

Code commissioners' note to Chapter I. "Sections 32 and 41 of the Crimes and Punishment Act of 1850 properly belong in the Criminal Practice Act, and the commission have so placed them."

§ 187. Murder defined. Murder is the unlawful killing of a human being, with malice aforethought.

Degrees of murder: Post, § 189.

Legislation § 187. Enacted February 14, 1872. The code commissioners say: "The original section [of the Crimes and Punishment Act] reads as follows: 'Murder is the unlawful killing of a human being, with malice aforethought, [[either express or implied. The unlawful killing may be effected by any of the various means by which death may be occasioned.']] [The code commissioners, in their note, italicized the words inclosed in double brackets.] (Stats. 1850, p. 231, § 19.) 'Express or implied'-these words are omitted, for they are included within the term 'malice,' and by the next section it is declared that malice, which is the ingredient of murder, may be expressed or implied. The sentence italicized is omitted, because it is surplusage. Every unlawful killing with malice aforethought being murder, it follows that any such killing effected by any means is murder."

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