§ 654 relating to the abuse of school teachers which was re-numbered § 653b by Stats. 1905, p. 658. See ante legislation § 653b. § 654a. False advertising prohibited. Any person, firm, corporation or association, or any employee thereof, who, with intent to sell, furnish, perform, or in any way dispose of real or personal property, choses in action, merchandise, service, professional or otherwise, or anything of any nature whatsoever offered by such person, firm, corporation or association, or any employee thereof, directly or indirectly, to the public for sale or distribution, or to induce the public, in any manner, to enter into any obligation relating thereto, or to acquire title thereto or any interest therein, shall make, publish, disseminate, circulate, or cause to be made, published, disseminated or circulated, or, in any manner, place, or cause to be placed, before the public in the State of California, in any newspaper, magazine, book, pamphlet, circular, letter, notice, hand-bill, poster or other publication, or on any billboard, sign, card, label, or other advertising medium, or by means of any electric sign, window sign, showcase or window display, or by any other advertising device, or by public outcry or proclamation, or in any other manner or means whatever, an advertisement of any sort regarding such real or personal property, choses in action, merchandise, service or anything so offered to the public, which advertisement shall contain any statement, representation or assertion concerning such real or personal property, choses in action, merchandise, service or anything so offered to the public, or concerning any circumstance or matter of fact connected in any way, directly or indirectly, with the proposed sale, performance or disposition thereof, which statement, representation or assertion is false or untrue, in any respect, or which is deceptive or misleading, and which is known, or which by the exercise of reasonable care should be known, to be false or untrue, deceptive or misleading, by the person, firm, corporation or association making, publishing, disseminating, circulating or placing before the public said advertisement, shall be guilty of a misdemeanor; provided, however, that this act shall not apply to any publisher of a newspaper, magazine, or other publication, who publishes said adver tisement in good faith, without knowledge of its false, deceptive, or misleading character. [Amendment approved 1915; Stats. 1915, p. 1252.] Legislation § 654a. 1. Added by Stats. 1905, p. 228, and then read: "Any person, firm or corporation doing business in this state as a merchant, who advertises or displays any brand of goods known to the general public and quotes prices in connection therewith as an inducement to attract purchasers to the place of business so advertised, who shall make verbal or show printed or written false statements regarding the quality or merits of the goods advertised is guilty of a misdemeanor." 2. Amended by Stats. 1915, p. 1252. § 654b. False advertisements concerning real estate a misdemeanor. Any person, firm, corporation or association, or any employee or agent therefor, who in a newspaper, circular, circular or form letter or other publication published or circulated in any language in this state, makes or disseminates any statement or assertion of fact, concerning the extent, location, ownership, title or other characteristic, quality or attribute of any real estate located in this state or elsewhere, which is known to him to be untrue and which is made or disseminated with the intention of misleading. is guilty of a misdemeanor; provided, however, that nothing in this section shall be construed to hold the publisher of any newspaper, or any job printer, liable for any publication herein referred to unless such publisher or printer has an interest either as owner or agent, in such real estate so advertised. Legislation § 654b. Added by Stats. 1915, p. 1027. § 655. Acts punishable under foreign law. An act or omission declared punishable by this code is not less so because it is also punishable under the laws of another state, government, or country, unless the contrary is expressly declared. Legislation § 655. Enacted February 14, 1872; based on Field's Draft, § 738, N. Y. Pen. Code, § 678. Whenever on the § 656. Foreign conviction or acquittal. trial of an accused person it appears that upon a criminal prosecution under the laws of another state, government, or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense. Foreign conviction or acquittal: See also, post, §§ 668, 793, 794. Legislation § 656. Enacted February 14, 1872; based on Field's Draft, § 739, N. Y. Pen. Code, § 679. The code commissioners say: "This section is intended to apply in cases where the foreign acquittal or conviction took place in respect to the particular act or omission charged against the accused upon the trial in this state, and is not restricted to cases where the accused was tried abroad under the same or facts constituting the same charge." § 657. Contempts, how punishable. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt. Criminal contempts: See ante, § 166. Legislation § 657. Enacted February 14, 1872; identical with Field's Draft, § 740, N. Y. Pen. Code, § 680. § 658. Mitigation of punishment in certain cases. When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion. Legislation § 658. Enacted February 14, 1872; based on Field's Draft, § 741, N. Y. Pen. Code, § 681. § 659. Aiding in misdemeanor. Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor. Accessories, defined: Ante, § 32. Accessories, how punished: Ante, § 33. Legislation § 659. Enacted February 14, 1872; identical with Field's Draft, § 742, N. Y. Pen. Code, § 682. § 660. Sending letters, when deemed complete. In the various cases in which the sending of a letter is made criminal by this code, the offense is deemed complete from the time when such letter is deposited in any post-office or any other place, or delivered to any person, with intent that it shall be forwarded. Threatening letters, sending, with intent to extort money: See ante, §§ 523, 650. Legislation § 660. Enacted February 14, 1872; based on Field's Draft, § 743, N. Y. Pen. Code, § 683. § 661. Removal from office for violation or neglect of official duty by public officers. In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers, state, county, city, or township, where it is not so expressly provided, they may, in the discretion of the court, be removed from office. Removal, other than by impeachment: See post, §§ 758 et seq. § 662. Omission to perform duty, when punishable. No person is punishable for an omission to perform an act. where such act has been performed by another person acting in his behalf and competent by law to perform it. Legislation § 662. Enacted February 14, 1872; identical with Field's Draft, § 744, N. Y. Pen. Code, § 684. § 663. Attempts to commit crimes, when punishable. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, discharges the jury and directs such person to be tried for such crime. Attempt to commit crime, conviction of: See post, § 1159. Legislation § 663. Enacted February 14, 1872; identical with Field's Draft, § 745, N. Y. Pen. Code, § 34. § 664. Attempts to commit crimes, how punishable. Every person who attempts to commit any crime, but fails. or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: 1. If the offense so attempted is punishable by imprisonment in the state prison for five years, or more, or by imprisonment in a county jail, the person guilty of such attempt is punishable by imprisonment in the state prison, or in a county jail, as the case may be, for a term not exceeding one half the longest term of imprisonment prescribed upon a conviction of the offense so attempted. 2. If the offense so attempted is punishable by imprisonment in the state prison for any term less than five years. the person guilty of such attempt is punishable by imprisonment in the county jail for not more than one year. 3. If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine. not exceeding one half the largest fine which may be imposed upon a conviction of the offense so attempted. 4. If the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one half the longest term of imprisonment and one half the largest fine which may be imposed upon a conviction for the offense so attempted. What attempts not included in this section. Attempts included in §§ 216, 217, and 220-222 are not included in this section. Legislation § 664. Enacted February 14, 1872; based on Field's Draft, §746, N. Y. Pen. Code, § 677. § 665. Restrictions upon the preceding sections. The last two sections do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less. in guilt, from suffering the punishment prescribed by law for the crime committed. Legislation § 665. Enacted February 14, 1872; identical with Field's Draft, § 747, N. Y. Pen. Code, § 687. § 666. Petty larceny, second offenses, punishment for. Every person who, having been convicted of petit larceny and having served a term therefor in any penal institution, commits any crime after such conviction, is punishable therefor as follows: 1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the state prison for any term exceeding five years, such person is punishable by imprisonment in the state prison not less than ten years. 2. If the subsequent offense is such that upon a first conviction, the offender would be punishable by imprisonment in the state prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding ten years. 3. If the subsequent conviction is for petit larceny then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding five years. [Amendment approved 1909; Stats. 1909, p. 360.] Previous conviction, duty of jury to find on: See post, § 1158. Legislation § 666. 1. Enacted February 14, 1872 (almost identical with Field's Draft, § 748, N. Y. Pen. Code, § 688), and then read: "Every person who, having been convicted of any offense punishable by imprisonment in the state prison, commits any crime after such conviction, is punishable therefor, as follows: 1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the state prison for any term exceeding five years, such person is punishable by imprisonment in the state prison not less than ten years. 2. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the state prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding ten years. 3. If the subsequent conviction is for petit larceny, or any attempt to commit an offense which, if committed, would be punishable by imprisonment in the state prison not exceeding five years, then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding five years." 2. Amended by Stats. 1903, p. 107, (1) the introductory paragraph then reading, "Every person who, having been convicted of petit larceny, or of any offense punishable by imprisonment in the state prison, commits any crime after such conviction, is punishable therefor as follows"; (2) subd. 1 had "ten years" instead of "five years," in first instance (the change being made in 1905), otherwise the section reading as at present. 3. Amended by Stats. 1905, p. 667, in subd. 1, changing "ten years" to "five years," in first instance; the code commissioner saying, "The amendment consists in the substitution of the word 'five' for 'ten.' At the session of 1903, §§ 666 and 667 were changed, |