Oct. 19, 1864, $ 592. What sufficient allegation of intention to defraud. 12 Or. 105. Oct. 19, 1864, 593. Fraudulently of different instruments, effect of. in the indictment therefor an intent to injure or defraud, without naming therein the particular person or body corporate intended to be injured or defrauded, and on the trial of the action it shall not be deemed a variance, but be deemed sufficient, if there appear to be an intent. to injure or defraud the United States, or any state, territory, county, town, or other municipal or public corporation, or any public officer in his official capacity, or any private corporation, copartnership, or member thereof, or any particular person or persons. § 1817. [601.] If any person shall connect together different parts of several bank notes or other genuine joining parts instruments in such manner as to produce an additional or different note or instrument, with intent to utter or pass all of them as true and genuine, the same shall be deemed a forgery in like manner and with like effect as if each of them had been falsely made or forged. Oct. 19, 1864, $594. Affixing fictitious signature, effect of. Oct. 19, 1864, $595. Testimony as to signature of bank notes. § 1818. [602.] If any fictitious or pretended signature purporting to be the signature of an officer or agent of any public or private corporation shall be affixed to any instrument or writing purporting to be a note, draft, or other evidence of debt issued by such corporation, with intent to utter or pass the same as true and genuine, it shall be deemed a forgery, though no such person may ever have been an officer or agent of such corporation, nor such corporation ever have existed. § 1819. [603.] In all prosecutions for forgery or counterfeiting any bank bill or note, or for uttering, publishing, or tendering in payment as true and genuine any forged or counterfeited bank bill or note, or for being in possession thereof with the intent to utter or pass them as true and genuine, the testimony of any person acquainted with the signature of the officer or agent authorized to sign the bills or notes of the bank of which such bill or note is alleged to be a counterfeit or similitude, or who has knowledge of the difference in appearance of the true and counterfeit bills or notes thereof, may be admitted to prove that any such bill or note is counterfeit. $5.6. officers, evi 'cutions for § 1820. [604.] In all prosecutions for forging or Oct. 19, 1864, counterfeiting any note, certificate, bond, bill of credit, Sworn certifior other security or evidence of debt issued on behalf of cate of certain the United States, or on behalf of any state or territory, dence in proseor for uttering, publishing, or tendering in payment the forging, etc. same as true and genuine, or for being in possession thereof with intent to utter and pass the same as true and genuine, the certificate duly sworn to of the secretary of the treasury, or of the treasurer of the United States, or of the secretary or treasurer of any state or territory on whose behalf such note, certificate, bond, bill of credit, or other security or evidence of indebtedness purports to have been issued, shall be admitted as evidence for the purpose of proving the same to be forged or counterfeit. $597. second crime. § 1821. [605.] If any person, having been convicted of Oct. 19, 1864, any crime defined in any of the preceding sections of Person conthis chapter, shall afterwards be convicted of the same victed of or any other crime so defined, such person shall be punished by imprisonment not less than the longest term mentioned in the section under which he may be indicted and tried. or selling gold-dust. § 1822. [606.] If any person shall mix or adul- Oct. 22, 1864, § 1. terate any gold-dust with any metal or coin found of Adulterating less value than such gold-dust, with intent to pass or adulterated sell or in any way dispose of such gold-dust, so mixed or adulterated, as genuine, or shall cause the same to be sold, passed, or otherwise disposed of as genuine and pure, such person shall, on conviction of such offense, be punished by imprisonment in the penitentiary not less than one year nor more than five years. adulterated § 1823. [607.] If any person shall have any gold- Oct. 22, 1864, § 2. dust in his possession mixed or adulterated as described possession of in section 1822 [606], knowing the same to be mixed gold-dust. or adulterated, with intent to pass or sell or in anywise dispose of the same as pure and genuine, or to cause the same to be sold, passed, or in any way disposed of as pure and genuine gold-dust, such person, upon convic Oct. 22, 1864, $2. tion of such offense, shall be punished by imprisonment in the penitentiary not less than one year nor more than five years. Oct. 22, 1864, §3. Selling adulterated gold-dust. § 1824. [608.] If any person shall pass, sell, or in any way dispose of any gold-dust mixed or adulterated as described in section 1822 [606], or shall cause the same to be passed, sold, or otherwise disposed of, or shall attempt to pass, sell, or in any way dispose of such dust, knowing the same to be so mixed or adulterated, such person shall, upon conviction thereof, be punished by imprisonment in the penitentiary not less than one year nor more than five years. "Section 1" referred to in these sections is section 1812, the three sections, 1812, 1813, and 1814, being comprised in the act of October 22, 1864, entitled "An act to prevent the adulteration of gold-dust.” CHAPTER V. OF CRIMES AGAINST PUBLIC JUSTICE. § 1826. § 1827. § 1825. Perjury and subornation of perjury, definition of. § 1828. § 1829. § 1830. § 1831. § 1832. Bribing or offering to bribe judicial, legislative, or executive officer. Judicial, legislative, or executive officer receiving or agreeing to receive a bribe. Judicial officer, definition of. Legislative officer, definition of. Executive officer, definition of. § 1834. § 1835. Punishment for aiding in escape from prison or legal confinement. § 1836. Officer negligently suffering an escape, or refusing to receive person committed to his custody. § 1846. Voting or offering to vote illegally. § 1847. Violence or menace to prevent person from voting or challenging, punishment of. §1848. Inducing person to come into state, etc., to vote, to be deemed a felony. § 1849. Inducing person to absent himself so as to prevent his voting, to be deemed a felony. § 1850. Inducing person to stay away from polls, to be deemed a felony. § 1853. Destroying, secreting, or mutilating public records. § 1854. Lobbying with member of legislature without disclosing interest in measure. $598. Perjury and § 1825. [609.] If any person authorized by any law Oct. 19, 1864, of this state to take an oath or affirmation, or of whom an oath or affirmation shall be required by such law, subornation of shall willfully swear or affirm falsely in regard to any matter or thing concerning which such oath or affirmation is authorized or required, such person shall be deemed guilty of perjury, and if any person shall procure another to commit the crime of perjury, such person shall be deemed guilty of subornation of perjury. Perjury. A false oath in the course of a trial to constitute perjury must be to something material to the issue: People v. Perazzo, 64 Cal. 106; and the evidence given must be prejudicial to some one; otherwise, however willful it may be, it will not be perjury: People v. McDermott, 8 Id. 288; Plath v. Braunsdorff, 40 Wis. 107. But it need not be the fact directly in issue. If a person falsely and corruptly swears as to any material circumstance which has a legitimate tendency to prove or disprove a material fact, it is perjury: Commonwealth v. Grant, 116 Mass. 17. Where one swearing as to a material fact denies that ho had made statements different from his testimony, a charge of perjury may be based upon such denial: People v. Barry, 63 Cal. 63. Where one willfully testifies upon a trial that he has not made certain statements concerning a matter material to the case, when in fact such statements were made by him on the trial of another case, he is guilty of perjury, though the statements made were immaterial in the first case: State v. Mooney, 65 Mo. 494. The false statement must be willfully and corruptly made. Accidental and unintentional false swearing is not perjury: Bell v. Senneff, 83 Ill. 122; Nelson v. State, 32 Ark. 192; United States v. Passmore, 4 Dall. A false oath will not constitute per- Indictments. — In all indictments for perjury or subornation of perjury, it is necessary to set forth the substance of the controversy or matter in respect to which the crime was committed: State v. Witham, 6 Or. 366. In an indictment for perjury alleged to have been committed by a witness in the trial of a civil action in Oct. 19, 1864, $598. Oct. 19, 1864, $599. Perjury and subornation of perjury, the circuit court, it is sufficient to Evidence. On the trial the are given, yet such notes are inadmissible where the testimony was taken through an interpreter: People v. Lee Fat, 54 Cal. 527. Evidence that defendant was intoxicated at the time of the happening of the transaction in reference to which he is charged with having testified falsely is proper, in order to determine whether he knowingly testified falsely: Lytle v. State, 31 Ohio St. 196. A record of acquittal of a charge of perjury has been held to be conclusive evidence that the matter testified to was true: Bell v. Senneff, 83 Ill. 122. In this state perjury must be proved by the testimony of two witnesses, or one witness and corroborating circumstances: Code Civ. Proc., § 1968; see also People v. Young, 31 Id. 563; People v. Quinn, 18 Id. 122; Ex parte McCarthy, 29 Id. 396; People v. Green, 54 Id. 592. § 1826. [610.] Every person convicted of the crime of perjury, committed on the trial of or proceedings in a criminal action for a crime punishable with death or definition of imprisonment for life, shall be punished by imprisonment in the penitentiary not less than five nor more than twenty years. Every person convicted of the crime of perjury, committed in any proceeding in a court of justice other than such criminal action, shall be punished by imprisonment in the penitentiary not less than three nor more than ten years, and every person convicted of the crime of perjury, committed otherwise than in a proceeding before a court of justice, or convicted of the crime of subornation of perjury, however committed, shall be punished by imprisonment in the penitentiary not less than two nor more than five years. Oct. 19, 1864, $ 600. Inciting per perjury. § 1827. [611.] If any person shall endeavor to procure or incite another to commit the crime of perjury, son to commit though no perjury be committed, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor more than three years. Oct. 19, 1864, 601. § 1828. [612.] If any person shall corruptly give, offer, or promise to give any gift, gratuity, valuable con |