The Penal Code of California

Front Cover
H.S. Crocker & Company, book and job printers, 1872 - Criminal law - 628 pages
 

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Contents

Crimes how divided
15
PART I
27
TITLE II
33
Refusal to obey summons of Board of Registration a misde meanor
34
Attempting to vote without being qualified
39
Forging or altering returns a felony
40
Intimidating corrupting deceiving or defrauding electors a misdemeanor
41
4Penal
42
Preventing public meetings
43
Violation of election laws by persons not officers
44
Resisting officers
45
Extortion
46
Buying appointments to office
47
OF CRIMES AGAINST THE ELECTI
48
Violation of election laws by certain
54
ESCAPES AND AIDING THEREIN
55
Falsifying evidence
63
Destroying evidence
64
CHAPTER VII
65
Officer refusing to receive or arrest parties charged with crime
66
Making arrests etc without lawful authority
67
Refusing to aid officers in arrest etc
68
Compounding crimes
69
Debtor fraudulently concealing his property
70
Substituting one child for another
71
Attorneys forbidden to defend prosecutions carried on by their partners or formerly by themselves
72
Bribing members of Common Councils Boards of Supervisors or Trustees
73
False certificates by public officers
74
Grand Juror disclosing what transp 170 Maliciously procuring search warran 171 Unauthorized communication with clnvict in the State Prison
75
Omission of duty by public officer
76
CHAPTER VIET CONSPIRACY Srcrcox 182 Criminal conspiracy defined and punishment fixed
77
CHAPTER I
79
Mayhem
96
Kidnapping
97
Robbery
98
Attempts to kill
100
Duels and challenges
101
Porting for not fighting
102
False imprisonment
103
Assault and battery
104
X Libel
107
CHAPTER I
110
Abortions
117
Bigamy defined
119
CHAPTER VII
126
Indecent exposures exhibitions and pictures
130
Seizure of indecent aiticles authorized
131
Their chaiacter to be summaiily di teimined 1K2 314 Their destruction
132
CHAPTER IX
133
Punishment for drawing lottery
134
Insuring lottery tickets Publishing offers to insure
135
CHAPTER X
136
Witness privilege
137
Duties of District Attorneys Shei ills and others
138
expired or without notice
139
Sectiox T4fi Acts of intoxicated physicians
140
TITLE X
147
place
159
Selling firearms and ammunition to Indians
160
TITLE XI
161
Riot defined
162
Having possession of burglarious instruments and deadly weapons
179
Making false entries in records or returns
182
Passing or receiving forged note
183
Counterfeiting coin bullion etc
184
Larceny
185
Larceny defined ISO 485 Larceny of lost property
191
Petit larceny
192
Written instruments completed but not delivered
193
Stealing gas
194
Embezzlement
195
When trustee hanker etc guilty of embezzlement
197
Intent to restore the property is no defense
198
Punishment of extortion in certain cases
200
Officers of railroad companies making overcharges
201
CHAPTER IX
205
Other persons willfully destroying ves el etc
206
Director absent from meeting when presumed to have assented
209
CHAPTER XIV
215
Destroying or injuringjiis
225
Taking salmon when prohibited
233
CHAPTER II
234
Agent operator or employd using information from messages
235
Collecting tolls etc at San Francisco without authority of Harbor Commissioners
236
Enticing seamen to desert
237
Issuing or circulating paper money
238
Requiring wards or apprentices to work more than eight hours
239
TITLE XVI
240
Mitigation of punishment in certain cses
241
661 Removal from office for violation or eglect of official duty by public officers 662 Omission to perform duty when punishable
242
commit a State Prison offense
244
Foreign conviction for former offense
245
Second term of imprisonment when to commence
246
Civil rights of convict suspended
247
PART II
251
Public offenses how prosecuted
252
Second prosecution for the same offense prohibited
253
TITLE I
255
Of the intervention of the officers of justice
256
Police in cities and towns and their attendance at exposed places
260
723 Power of Sheriff or other officer in overcoming resistance
261
Officer when impeached disqualified until acquitted Governor
265
TITLE III
273
dPenal
276
HAVING POSSESSION OF BURGLARIOUS INSTRUMENTS AND DEADLY
286
Having possession of any instrument
315
ith intent to commit
372
HOMICIDE
385
Prize fights
412
Persons present at prize tights
413
Leaving the State to engage in prize ights 164
415
Refusing to disperse upon lawful
416
Exhibiting deadly weapon in rude
417
same unlawfully 163 16S 164 164
418
OF THE STATE PRISON AND THE DISCHARGE OF PRISONERS
525
Board whfm to report credits to Governor
530
POLITICAL CODE
537
Director present at meeting when presumed to have assented
569
Giving bribes to Judges jurors referees etc 51
575
Rescuing prisoners
599
CHAPTER
609
Murder defined 80
610

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Page 22 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Page 148 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 341 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 11 - Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning...
Page 197 - ... not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
Page 388 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 34 - All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission...
Page 82 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Page 9 - ... person" includes a corporation as well as a natural person; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term "testify...
Page 241 - An act or omission which is made punishable in different ways by different provisions of this code, may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other.

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