of this state, that shall employ, directly or indirectly, in any capacity, any Chinese or Mongolian, shall be guilty of a misdemeanor, and upon conviction thereof shall for the first offense be fined not less than five hundred nor more than five thousand dollars, and upon the second conviction shall, in addition to said penalty, forfeit its charter and franchise, and all its corporate rights and privileges, and it shall be the duty of the attorney-general to take the necessary steps to enforce such forfeiture. Stats. 1880, 2. En. 180. County treasurer receiving money. 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 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. En. Stats. 1897, 56. § 180a. Bringing drugs, liquors, firearms, etc., into state's prison. 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, or who brings into or passes into any jail within the state of California, 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. En. 1899, 4. Am'd. 1901, 107. § 181. Infringement of personal liberty or attempt to assume ownership of persons. 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. En. 1901, 330. Cal.Rep.Cit. 84, 472. § 182. § 183. § 184. § 185. CHAPTER VIII. CONSPIRACY. Criminal conspiracy defined and punishment fixed. No other conspiracies punishable criminally. Overt act, when necessary. Wearing mask or disguise. § 182. Criminal conspiracy defined and punishment fixed. If two or more persons conspire 1. To commit any crime; 2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; 3. Falsely to move or maintain any suit, action, or proceeding; 4. 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, 5. 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. En. February 14, 1872. Am'd. 1873-4, 426. Cal.Rep.Cit. 105, 263; 118, 460. Evidence on trial for conspiracy: See post, sec. 1104. § 183. No other conspiracies punishable criminally. No conspiracies, other than those enumerated in the preceding section, are punishable criminally. En. February 14, 1872. § 184. Overt act, when necessary. No agreement, éxcept 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. En. February 14, 1872. Cal.Rep.Cit. 105, 264. § 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 1. Evading or escaping discovery, recognition, or identification in the commission of any public offense; 2. 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. En. 1873-4, 426. Pen. Code-5 VI. Assaults with Intent to Commit Felony, other than Assaults with Intent to Murder, §§ 220-222. $195. $196. § 197. § 198. $ 199. § 187. Murder defined. Malice defined. Degrees of murder. Punishment of murder. Petit treason abolished. Manslaughter-voluntary and involuntary. Punishment of manslaughter. Deceased must die within a year and a day. Excusable homicide. Justifiable homicide by public officers. Justifiable homicide by other persons. Bare fear not to justify killing. Justifiable and excusable homicide not punishable. Murder defined. Murder is the unlawful killing of a human being, with malice aforethought. En. February 14, 1872. Cal. Rep.Cit. 58, 268; 58, 269; 63, 28; 68, 362; 86, 240; 65, 212; 65, 235; 137, 591; 137, 592. Degrees of murder: Post, sec. 189. 63, 166; 63, 424; 99, 3; 122, 141; § 188. Malice defined. Such malice may be expressed or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow-creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. En. February 14, 1872. Cal.Rep.Cit. 58, 268; 58, 269; 65, 235; 71, 3; 71, 6; 72, 613; 76, 285; 93, 566; 120, 202; 122, 141; 123, 305; 135, 348. Malice express or implied: See ante, sec. 7, subd. 4. § 189. Degrees of murder. 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. En. February 14, 1872. Am'd. 1873-4, 427. Cal.Rep.Cit. 57, 94; 58, 268; 58, 269; 59, 601; 63, 424; 86, 240: 88, 271; Burden of proving justification or excuse: See post, sec. 1105. $ 190. Punishment of murder. Every person guilty of murder in the first degree, shall suffer death or confinement in the state prison for life, at the discretion of the jury trying the same; or upon a plea of guilty, the court shall determine the same; and every person guilty of murder in the second degree, is punishable by imprisonment in the state prison not less than ten years. En. February 14, 1872. Am'd. 1873-4, 457. 69, 179; Cal.Rep.Cit. 49, 178; 49, 185; 58, 268; 58, 269; 59, 357; 59, 432; 63, 170; 67, 114; 69, 176; 69, 177; 90, 197; 105, 495; 129, 551; 134, 258. Death penalty, how executed.-Whenever, in a proper case, the judgment of the court directs the death of the |