4299. Selling liquor near Indian reservation. Penalty. It shall be unlawful to sell intoxicating liquor within ten miles of an Indian reservation, except in incorporated cities or towns. Any person violating the provision of this section shall upon conviction be fined not less than five nor more than two hundred dollars, and all such fines shall be deposited in the county treasury of the county in which the offense is committed. ['97, p 48.

CHAPTER 36.

CRIMES AGAINST PUBLIC PEACE.

4300. Disturbing meetings. Every person who, without authority of law, wilfully disturbs or breaks up any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor. [C. L. § 4588.

Cal. Pen. C. Z 403*.

Disturbing religious meetings, ? 4236.

4301. Riot defined. Any use of force or violence, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together and without authority of law, is a riot. [C. L. § 4589.

Cal. Pen. C. ? 404.

The terms force" and "violence" in this section do not necessarily mean the actual use of physical force accompanied with violence. People v. O'Loughlin, 3 U. 133; 1 P. 653.

If by the assembly, resolution, marching, and demand of defendants and their companions, and the manner and circumstances accompanying the

same, well-grounded fear of injury would be raised in the minds of men of ordinary courage by a resist ance to such demands, and that well-grounded fears existed in the minds of the residents of the town for the safety of life or property, the same constituted a breach of the public peace by force and violence. Id.

4302. Id. Penalty. Every person who participates in any riot is punishable by imprisonment in the state prison not exceeding two years, or by fine not exceeding one thousand dollars, or by both. [C. L. § 4590.

Cal. Pen. C. 2 405*.

4303. Rout defined. Whenever two or more persons, assembled and acting together, make any attempt or advance towards the commission of an act which would be a riot if actually committed, such assembly is a rout. [C. L. § 4591.

Cal. Pen. C. 2 406.

4304. Unlawful assembly defined. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. [C. L. § 4592.

Cal. Pen. C. 407.

4305. Penalty for rout or unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. [C. L. § 4593.

Cal. Pen. C. 2 408.

4306. Remaining at riot after warning to disperse. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. [C. L. § 4594.

Cal. Pen. C. 409.

Suppression of riots, etc., ?? 4541-4545.

4307. Officer neglecting to suppress riotous assembly. If a magistrate or officer, having notice of an unlawful or riotous assembly mentioned in this chapter, neglects to proceed to the place of assembly, or as near

thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. [C. L. § 4595.

Cal. Pen. C. ? 410.

4308. Prize fighting. Every person who engages in, instigates, encourages, or promotes any ring or prize fight, or any other premeditated fight or contention, without deadly weapons, either as principal, aid, second, umpire, surgeon, or otherwise, is punishable by imprisonment in the state prison not exceeding two years. [C. L. § 4596.

Cal. Pen. C. 412*.

4309. Id. Witnessing. Every person wilfully present as a spectator at any fight or contention mentioned in the preceding section, is guilty of a misdemeanor. [C. L. § 4597.

Cal. Pen. C. 413.

4310. Disturbing the peace. Every person who maliciously and wilfully disturbs the peace or quiet of any neighborhood, family, or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarrelling, challenging to fight, or fighting, is punishable by fine not exceeding two hundred dollars, or by imprisonment in the county jail not exceeding two months. [C. L. § 4598.

Cal. Pen. C. 415*.

Keeping disorderly house, ? 4252.

4311. Unlawful assembly refusing to disperse. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor. [C. L. § 4599.

Cal. Pen. C. 416.

4312. Exhibiting deadly weapon. Every person who, not in necessary self defense, in the presence of two or more persons, draws or exhibits any deadly weapon in an angry and threatening manner, or who, in any manner, unlawfully uses the same in any fight or quarrel, is guilty of a misdemeanor. [C. L. § 4600.

Cal. Pen. C. 417.

Having deadly weapon with intent to commit assault, 4340. Assault with deadly weapon, 24195.

4313. Forcible entry or detainer. Every person using or procuring, encouraging, or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor. [C. L. § 4601.

Cal. Pen. C. 418.

4314. Returning to lands after removal by lawful process. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal, or officer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor. [C. L. § 4602.

Cal. Pen. C. 419.

CHAPTER 37.

CRIMES AGAINST PUBLIC PROPERTY.

4315. Misusing public money or falsifying public accounts. Every officer of this state, or of any county, city, town, precinct, or district of this

state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public money, who either

1. Without authority of law appropriates the same or any portion thereof to his own use, or to the use of another; or,

2.

Loans the same or any portion thereof without authority of law; or, 3. Fails to keep the same in his possession until disbursed or paid out by authority of law; or,

4. Unlawfully deposits the same or any portion thereof in any bank, or with any banker or other person; or,

5. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or,

6. Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account; or,

7. Wilfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order, or warrant drawn upon such moneys by competent authority; or,

8. Wilfully omits to transfer the same, when such transfer is required by law; or,

9. Wilfully omits or refuses to pay over to any officer or person authorized by law to receive the same, any money received by him under any duty imposed by law so to pay over the same, is guilty of a felony. [C. L. § 4603.

Cal. Pen. C. 7 424*.

Mutilating or destroying public records, ?? 4087, 4119, 4120.

People

Various objections to an indictment under section 4603, C. L. 1888, discussed and overruled. v. Rogerson, 4 U. 231; 7 P. 255, 410.

4316. Failure to keep and pay over public money. Every officer charged with the receipt, safekeeping, or disbursement of public money, who neglects or fails to keep and pay over the same, in the manner prescribed by law, is guilty of a felony. [C. L. § 4604.

Cal. Pen. C. ? 425.

4317. Making profit out of public money, etc. The making of profit out of public money, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and upon conviction thereof any such officer, in addition to the punishment provided by law, shall be disqualified to hold public office.

Prohibited by Con. art. 13, sec. 8.

Felony involving misconduct in office, disqualification to hold office, ?? 4066, 4111.

4318. "Public money" defined. The phrase "public money." as used in the three preceding sections, includes all bonds and evidences of indebtedness, and all money belonging to the state, or to any town, city, county, precinct, or district therein, and all money, bonds, and evidences of indebtedness received or held by state, county, district, city, town, or precinct officers in their, official capacity. [C. L. § 4605.

Cal. Pen. C. 426.

4319. Failing to pay over fines or fees. If any public officer who receives any fine, forfeiture, or fee, refuses or neglects to pay over the same within the time prescribed by law, he is guilty of a misdemeanor. [C. L. § 4606*.

Cal. Pen. C. % 427*.

Failure to keep fee-book, etc., a misdemeanor, 1027. Charging or receiving illegal fees, 1029. 4320. Obstructing collection of revenue. Every person who wilfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money, in which the people of this state are interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor. § 4607.

Cal. Pen. C. 2 428.

Interfering with or obstructing officer, 22 4081, 4142.

[C. L.

4321. Refusing list or giving false information to assessor. Every person who unlawfully refuses, upon demand, to give to any district or

county assessor a list of his property subject to taxation, or to swear to such list, or who gives a false name, or fraudulently refuses to give his true name to any assessor, when demanded by such assessor in the discharge of his official duties, is guilty of a misdemeanor. [C. L. § 4608.

Cal. Pen. C. 429*.

4322. Using false tax or license receipt. Failing to give receipt. Every person who uses or gives any receipt, except that prescribed by law, as evidence of the payment of any poll tax, road tax, or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law, is guilty of a misdemeanor. [C. L. § 4609.

Cal. Pen. C. ? 431*.

4323. Refusing names of employees to tax collector, etc. Every person who, when requested by the assessor or collector of taxes or licenses, refuses to give to such assessor or collector the name and residence of each man in his employment, or to give such assessor or collector access to the building or place where such men are employed, is guilty of a misdemeanor. [C. L. § 4610.

Cal. Pen. C. 434*.

4324. Doing business without license. Every person who commences, or carries on any business, trade, profession, or calling, for the transaction or carrying on of which a license is required by any law of this state, or by any county, city, or town regulation, without taking out the license required by law or by the county regulation, is guilty of a misdemeanor. [C. L. § 4611*.

Cal. Pen. C. 435*.

4325. Officer discounting warrants. No state, county, city, town, or district officer, shall either directly or indirectly contract for, or purchase, any warrant or order issued by the state, county, city, town, or district of which he is an officer, at any discount whatever upon the sum due on such warrant or order, and if any state, county, city, town, or district officer shall so contract for, or purchase any such order or warrant, he shall be guilty of a misdemeanor. [C. L. § 2046*.

CHAPTER 38.

ARSON.

4326. Arson defined. Arson is the wilful and malicious burning of a building with intent to destroy it. [C. L. § 4612.

Cal. Pen. C. 447.

4327. "Building" defined.

Any house, edifice, structure, vessel, or other erection, capable of affording shelter for human beings, or appurtenant to or connected with an erection so adapted, is a "building" within the meaning of this chapter. [C. L. § 4613.

Cal. Pen. C. 448.

Agreement to commit arson a conspiracy, ? 4158. Destruction of insured property, 22 4402, 4403.

Burning property not the subject of arson, ?? 4429, 4435.

4328. "Inhabited building" defined. Any building which has usually been occupied by any person lodging therein at night, is an "inhabited building" within the meaning of this chapter. [C. L. § 4614.

Cal. Pen. C. 449.

4329. "Night time" defined. The phrase "night time," as used in this chapter, means the period between sunset and sunrise. [C. L. § 4615.

Cal. Pen. C. 450.

4330. "Burning" defined. To constitute burning, within the meaning of this chapter, it is not necessary that the building set on fire shall have been

destroyed. It is sufficient that fire is applied so as to take effect upon any part of the substance of the building. [C. L. § 4616.

Cal. Pen. C. 451.

4331. Ownership or possession as affecting arson. To constitute arson it is not necessary that a person other than the accused should have had ownership in the building set on fire. It is sufficient that at the time of the burning another person was rightfully in possession of, or was actually occupying such building or any part thereof. [C. L. § 4617.

Cal. Pen. C. 452.

4332. Degrees of arson. Arson is divided into two degrees. Maliciously burning in the night time an inhabited building in which there is, at the time, some human being, is arson in the first degree; all other kinds of arson are of the second degree. [C. L. §§ 4618, 4619.

Cal. Pen. C. 453, 454.

4333. Penalty for arson. Arson is punishable by imprisonment in the state prison as follows:

1. Arson in the first degree, for a term not less than two years nor more than fifteen years.

2. Arson in the second degree, for a term not less than one nor more than ten years. [C. L. § 4620.

Cal. Pen. C. 455*.

CHAPTER 39.

BURGLARY AND HOUSEBREAKING.

4334. Burglary defined. Every person who, in the night time, forcibly breaks and enters, or without force enters through any open door, window, or other aperture, any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, or any tent, vessel, watercraft, or railroad car, with intent to commit larceny or any felony, is guilty of burglary. [C. L. § 4621*.

Cal. Pen. C. ? 459*.

Information or indictment may also contain a count for larceny and a count for housebreaking, 4734. Agreement to commit burglary a conspiracy, 4158. Jurisdiction where property is taken to another county, 4592. Having burglar's tools, 24339.

A burglary by entering a house through a window on the second floor, with intent to steal the goods

of H. is not the same offense or a part of the same transaction as an entering from the outside of room on the first floor, and the committing of a rob bery on W., although it was the same house, the same day, with just enough time intervening between the two acts to permit defendant to pass from the upper story to the lower one. People v. Kerm, 8 U. 268; 30 P. 988.

4335. Id. Penalty. Burglary is punishable by imprisonment in the state prison for a term not less than one nor more than twenty years. § 4622; '90, p. 95.

Cal. Pen. C. 461*.

[C. L.

4336. "Housebreaking" defined. Every person who, in the day time, enters any dwelling-house, shop, warehouse, store, mill, barn, stable, outhouse, other building, vessel, or railroad car, with intent to steal or to commit any felony whatever therein, is guilty of housebreaking. [C. L. § 4623.

4337. Id. Penalty. Housebreaking is punishable by imprisonment in the state prison for a term not less than six months nor more than three years. [C. L. § 4624.

4338. "Night time" defined. The phrase "night time," as used in this chapter, means the period between sunset and sunrise. [C. L. § 4625.