ceeding two hundred dollars, in addition to the imprisonment prescribed. Legislation § 672. Enacted February 14, 1872; based on Field's Draft, § 756. § 673. Civil rights of convict suspended. A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment. Forfeiture of office on conviction of crime: See ante, § 98. Legislation § 673. Enacted February 14, 1872; based on Field's Draft, § 757, N. Y. Pen. Code, § 707. § 674. Civil death. A person sentenced to imprisonment in the state prison for life is thereafter deemed civilly dead. Legislation § 674. Enacted February 14, 1872; based on Field's Draft, § 758, N. Y. Pen. Code, § 708. § 675. Civil death, limitations as to. The provisions of the last two preceding sections must not be construed to render the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property. [Amendment approved 1874; Code Amdts. 187374, p. 435.] Prisoner as witness, how brought in, and proceedings on: See post, §§ 1333, 1567. Deposition of prisoner, when and how taken: See post, § 1346. 2. Amended by Code Amdts. 1873-74, p. 435, (1) adding "last" before "two preceding sections"; (2) omitting "or to do such other acts as are permitted by law," at end of section. 3. Amendment by Stats. 1901, p. 480; unconstitutional. See note, § 5, ante. § 676. Person of convict protected. The person of a convict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced. Legislation § 676. Enacted February 14, 1872; identical with Field's Draft, § 759, N. Y. Pen. Code, § 709. § 677. Forfeitures. No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this state, in the nature of a deodand, or where any person shall flee from justice, are abolished. Legislation § 677. Enacted February 14, 1872; based on Field's Draft, § 760, N. Y. Pen. Code, § 710. § 678. Values in gold coin. Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in United States gold coin. Legislation § 678. Added by Code Amdts. 1873-74, p. 435. $679. Coercion or compulsion of persons seeking employment a misdemeanor. Any person or corporation within this state, or agent or officer on behalf of such person or corporation, who shall hereafter coerce or compel any person or persons to enter into an agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of such person or persons securing employ・ment or continuing in the employment of any such person or corporation, shall be guilty of a misdemeanor. Legislation § 679. Added by Stats. 1893, p. 176, § 679a. Limiting sale of convict-made goods. 1. It shall be unlawful for any person to sell, expose for sale, or offer for sale within this state, any article or articles manufactured wholly or in part by convict or other prison labor, except articles the sale of which is specifically sanctioned by law. 2. Every person selling, exposing for sale, or offering for sale any article manufactured in this state wholly or in part by convict or other prison labor, the sale of which is not specifically sanctioned by law, shall be guilty of a misde meanor. Legislation § 679a. Added by Stats. 1901, p. 326. § 680. Payment of wages to employees in a saloon or barroom. Every person who shall pay any employee his wages, or any part thereof, while such employee is in any saloon, bar-room, or other place where intoxicating liquors are sold at retail, unless said employee is employed in such saloon, bar-room, or such other place where intoxicating liquors are sold, shall be deemed guilty of a misdemeanor. Legislation § 680. Added by Stats. 1901, p. 660. § 681. Cruel punishment in prisons prohibited. It shall be unlawful to use in the prisons or reformatory institutions of this state any cruel or unusual punishments; and punishment by the use of the straight-jacket, gag, thumbscrew, shower-bath, or the tricing-up of prisoners is hereby prohibited. There is another section of this number. See next section. TITLE I. II. III. PART 11. CRIMINAL PROCEDURE. PRELIMINARY PROVISIONS. §§ 681-689. OFFICERS BY IMPEACHMENT OR OTHERWISE. PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY IV. PROCEEDINGS AFTER COMMITMENT AND BEFORE IN- V. VI. THE INDICTMENT. $$ 940-972. PLEADINGS AND PROCEEDINGS AFTER INDICTMENT AND BEFORE THE COMMENCEMENT OF THE TRIAL. §§ 976-1053. VII. PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT. §§ 1055-1188. VIII. JUDGMENT AND EXECUTION. §§ 1191-1230. IX. X. XI. APPEALS TO THE SUPREME COURT. §§ 1235–1265. 1470. XII. SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. §§ 1473-1564. XIII. PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE A COURT. § 1567. XIV. DISPOSITION OF FINES AND FORFEITURES. § 1570. (397) § 687. Second prosecution for the same offense prohibited. § 688. No person to be a witness against himself in a criminal action, or to be unnecessarily restrained. § 689. No person to be convicted but upon verdict or judgment. § 681. No person punishable but on legal conviction. No person can be punished for a public offense, except upon a legal conviction in a court having jurisdiction thereof. There is another section of this number. See prior section. Conviction of public offense, how may be had: See post, § 689. Legislation § 681. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 3); based on Crim. Prac. Act., Stats. 1851, p. 212, § 6. § 682. Public offenses, how prosecuted. Every public offense must be prosecuted by indictment or information, except: 1. Where proceedings are had for the removal of civil officers of the state; 2. Offenses arising in the militia when in actual service, and in the land and naval forces in the time of war, or which the state may keep, with the consent of Congress, in time of peace; 3. Offenses tried in justices' and police courts; 4. All misdemeanors of which jurisdiction has been conferred upon superior courts sitting as juvenile courts. [Amendment approved 1911; Stats. 1911, p. 68.] Prosecution: See Const., art. i, §§ 8, 13. Proceedings for removal of officers may be by accusation or information: See post, § 889. Legislation § 682. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 4); based on Crim. Prac. Act, Stats. 1851, p. 212, § 7. 2. Amended by Code Amdts. 1880, p. 10, in introductory paragraph adding "or information" after "indictment." 3. Amended by Stats. 1911, p. 68, the change consisting in the addition of paragraph 4. § 683. Criminal action defined. The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action. Legislation § 683. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §5); based on Crim. Prac. Act, Stats. 1851, p. 212, § 8. |