Submitting the question of sanity to a jury: Post, sec. 1368. § 27. Who are liable to punishment. The following persons are liable to punishment under the laws of this state: 1. All persons who commit, in whole or in part, any crime within this state; 2. All who commit larceny or robbery out of this state, and bring to, or are found with the property stolen, in this state; 3. All who, being out of this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein. En. February 14, 1872. Cal.Rep. Cit. 132, 232. § 28. Prisoners to be discharged on Monday. Every person now confined in or that may hereafter be committed to and confined in any penitentiary, prison, jail, house of detention, reform school, or other penal institution, by whatsoever name the same may now or hereafter be known in this state, under conviction for a penal offense for a term exceeding thirty days, shall be discharged on a Monday, regardless of the day of the week upon which the term or time of confinement prescribed in the sentence or terminated by credits or commutation would otherwise expire, unless the Monday upon or preceding the day in the same week upon which the sentence or commutation would otherwise expire shall fall upon or precede, within four days, a legal holiday, in which event, such person shall be discharged upon the first Monday preceding that, which will not be upon or be followed by a holiday within four days. En. Stats. 1901, 11. Am'd. 1903, 236. § 30. Classification of parties to crime. The parties to crimes are classified as: 1. Principals; and, 2. Accessories. En. February 14, 1872. Principals: See post, sec. 31. Accessories: See post, sec. 32. § 31. Who are principals. 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, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed. En. February 14, 1872. Cal.Rep.Cit. 56, 398; 78, 86; 113, 179; 122, 492. 32. Who are accessories. All persons who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories. En. February 14, 1872. Cal.Rep.Cit. 78, 87; 129, 366. § 33. Punishment of accessories. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding two years, or by fine not exceeding five thousand dollars. En. February 14, 1872. Aiding in misdemeanor is a misdemeanor: See post, sec. 659. TITLE III. OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE. § 37. § 38. Treason, who only can commit. § 37. Treason, who only can commit. Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death. En. February 14, 1872. Treason against a state is an offense at common law, and is so recognized in the constitution of the United States: See Const. U. S., art. IV, sec. 2. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court: Const. Cal., art. I, sec. 20; see also, Const. U. S., art. III, sec. 3. Two witnesses necessary: See Code Civ. Proc., sec. 1968. Owing allegiance to the state: See Pol. Code, secs. 55, 56. § 38. Misprision of treason. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the state prison for a term not exceeding five years. En. February 14, 1872. § 40. TITLE IV. OF CRIMES AGAINST THE ELECTIVE FRANCHISE. Person acting as election officer without appointment. Refusal to be sworn or to answer board of judges. Fraudulent voting. Attempting to vote without being qualified. Procuring illegal voting. Changing ballots or altering returns by election officers. Adding to or subtracting from votes given. § 41. § 42. § 43. § 44. § 45. § 46. § 47. § 48. § 49. § 50. Forging or altering returns. § 51. § 52. § 53. § 54. § 55. Offers to procure offices for electors. Persons aiding and abetting. Intimidating, corrupting, deceiving, or defrauding electors. Communicating such offer. Bribing members of legislative caucuses, etc. Preventing public meetings. Disturbance of public meetings. Violation of election laws by persons not officers. Violation of election laws as to tickets. Circulating anonymous circulars relating to candidate a misdemeanor. § 62b. Printer must put imprint on printed matter. § 63. Advancing money by candidate for United States senate. § 632. Candidate or member of legislature accepting money. 64. No prosecution against witness in election cases. 642. Primary elections, provisions relating to. § 40. Person acting as election officer without appointment. Any person who acts as an election officer at any election, without first having been appointed and qualified as such, and any person who, not being an election officer, performs or discharges any of the duties of an election officer, in regard to the handling or counting or canvassing of any ballots cast at any election, shall be guilty of a felony, and on conviction be punished by imprisonment in the state prison for not less than two nor more than seven years. En. Stats. 1895, 74. § 41. Violation of election laws by certain officers a felony. Every person charged with the performance of any duty, under the provision of any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws is, unless a different punishment for such acts or omissions is prescribed by this code, punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both. En. February 14, 1872. Cal.Rep.Cit. 75, 628; 75, 631. § 42. Fraudulent registration a felony. Every person who willfully causes, procures, or allows himself to be registered in the great register of any county, knowing himself not to be entitled to such registration, is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail or state prison not exceeding one year, or by both. In all cases where, on the trial of a person charged with any offense under the provisions of this section, it appears in evidence that the accused stands registered in the great register of any county, without being qualified for such registration, the court must order such registration to be canceled. En. February 14, 1872. § 43. Refusal to be sworn or to answer board of judges. Every person who, after being required by the board of judges at any election, refuses to be sworn, or being sworn, refuses to answer any pertinent question, propounded by such board, touching the right of another to vote, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1873-4, 423. § 44. Refusal to obey summons of board. Every person summoned to appear and testify before any board of registration, who willfully disobeys such summons, is guilty of a misdemeanor. En. February 14, 1872. |