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circumstances connected with the offense, and the sound mind and discretion of the accused. All persons are of sound mind who are neither idiots nor lunatics, nor affected with insanity.
Presumptions as to intention. Conclusive presumption. It is provided in the Code of Civil Procedure that a malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another, shall be conclusively presumed: Code Civ. Proc., § 1962.
Legislation § 21. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 229, §§ 2, 3, which read: "§ 2. Intention is manifested by the circumstances connected with the perpetration of the offense, and the sound mind and discretion of the person accused. §3. A person shall be considered of sound mind who is neither an idiot, nor lunatic, nor affected with insanity, and who hath arrived at the age of fourteen years; or before that age, if such person knew the distinction between good and evil."
§ 22. Drunkenness no excuse for crime. When it may be considered. No act committed by 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.
Legislation § 22. Enacted February 14, 1872; based on Field's Draft, § 17, N. Y. Pen. Code, § 22; also based on Crimes and Punishment Act, Stats. 1850, p. 230, § 8, which read: "§ 8. Drunkenness shall not be an excuse for any crime, unless such drunkenness be occasioned by the fraud, contrivance, or force of some other person or persons, for the purpose of causing the perpetration of an offense, in which case the person or persons so causing said drunkenness for such malignant purpose shall be considered principal or principals, and suffer the same punishment as would have been inflicted on the person or persons committing the offense, if he, she, or they had been possessed of sound reason and discretion."
§ 23. Certain statutes specified as continuing in force. Nothing in this code affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws:
1. All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts.
2. All acts consolidating cities and counties, and acts amending or supplementing such acts.
3. All acts for funding the state debt, or any part thereof, and for issuing state bonds, and acts amending or supplementing such acts.
4. All acts regulating and in relation to rodeos. 5. All acts in relation to judges of the plains.
6. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state.
7. All acts in relation to a branch state prison.
8. An act for the more effectual, prevention of cruelty to animals, approved March thirtieth, eighteen hundred and sixty-eight.
9. An act for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixtysix.
10. An act relating to the Home of the Inebriate of San Francisco, and to prescribe the powers and duties of the board of managers and the officers thereof, approved April first, eighteen hundred and seventy.
11. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six.
12. An act to prevent the destruction of fish in the waters of Bolinas Bay, in Marin County, approved March thirtyfirst, eighteen hundred and sixty-six.
13. An act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixty-six.
14. An act to prevent the destruction of fish in Napa River and Sonoma Creek, approved January twenty-ninth, eighteen hundred and sixty-eight.
15. An act to prevent the destruction of fish and game in, upon, and around the waters of Lake Merritt or Peralta, in the county of Alameda, approved March eighteenth, eighteen hundred and seventy.
16. An act to regulate salmon fisheries in Eel River, in Humboldt County, approved April eighteenth, eighteen hundred and fifty-nine.
17. An act for the better protection of stock-raisers in the counties of Fresno, Tulare, Monterey, and Mariposa, approved March twentieth, eighteen hundred and sixty-six.
18. An act concerning oysters, approved April twentyeighth, eighteen hundred and fifty-one.
19. An act concerning oyster-beds, approved April second, eighteen hundred and sixty-six.
20. An act concerning gas companies, approved April fourth, eighteen hundred and seventy.
Further acts in force: See Pol. Code, §§ 19, 4442.
Subds. 1-6. References to the acts referred to in the first six subdivisions will be found in the General Laws, under the various titles.
Subds. 8-20. The act referred to in subd. 8 will be found in Stats. 1867-68, p. 604, amended 1871-72, p. 393; but see Stats. 187374, p. 499. In subd. 9, see Stats. 1865-66, p. 641; amended by Stats. 1873-74, p. 84; superseded by Pen. Code, § 315. In subd. 10, see Stats. 1869-70, p. 585; Stats. 1875-76, p. 325; repealed by Stats. 1895, pp. 76, 201. In subd. 11, see Stats. 1865–66, p. 332. In subd. 12, see Stats. 1865-66, p. 637. In subd. 13, see Stats. 1865–66, p. 857. In subd. 14, see Stats. 1867-68, p. 13; but see amendment, Stats. 187172, p. 441. In subd. 15, see Stats. 1869-70, p. 325. In subd. 16, see Stats. 1859, p. 298. In subd. 17, see Stats. 1865-66, p. 322. In subd. 18, see Stats. 1851, p. 432; but see repealing clause, Stats. 1873-74, p. 940. In subd. 19, see Stats. 1865-66, p. 848; but see repealing clause in Stats. 1873-74, p. 940.
Amendments and new sections. Many amendments and new sections to the Penal Code are taken from "An act to amend the Penal Code," approved March 30, 1874; Code Amdts. 1873-74, p. 419. The amendatory act contained two other sections, in reference to the effect of the new provisions, as follows:
Sec. 88. All provisions of law inconsistent with the provisions of this act are repealed, except as to offenses committed before this act takes effect, and as to such offenses and for the punishment of parties guilty thereof, the repealed provisions shall continue in
Sec. 89. This act shall take effect on the first day of July, one thousand eight hundred and seventy-four.
Legislation § 23. Enacted February 14, 1872.
§ 24. This act, how cited. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as The Penal Code, adding, when necessary, the number of the section.
This act, how cited. The constitution nowhere uses the word "code," but speaks of the way in which an "act" may be revised or amended: Const., art. iv, § 24. See opinion of Mr. Justice McKinstry, in Earle v. Board of Education, 55 Cal. 494.
Title of the act: See ante, § 1.
Legislation § 24. Enacted February 14, 1872.
CRIMES AND PUNISHMENTS.
PERSONS LIABLE TO PUNISHMENT FOR CRIME. §§ 2628.
PARTIES TO CRIME. §§ 30-33.
OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE. §§ 37, 38.
IV. CRIMES AGAINST THE ELECTIVE FRANCHISE. §§ 4064b.
V. CRIMES BY AND AGAINST THE EXECUTIVE POWER OF
VI. CRIMES AGAINST THE LEGISLATIVE POWER.
CRIMES AGAINST THE PERSON AND AGAINST PUBLIC
CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY.
XI. CRIMES AGAINST THE PUBLIC PEACE. $$ 403–421.
XIII. CRIMES AGAINST PROPERTY. $$ 447-593a.