former wife is competent evidence.' But such admissions uncorroborated by any circumstance inspiring belief in its truth arising out of the conduct of the accused are not sufficient to convict.2 In New York it was held that a statute which is somewhat similar to ours was only applicable to cases in which the sexual intercourse was by mutual consent, and that if it was accomplished by force it was punishable only as a rape.3

11. PRIZE FIGHTING.

$645. Sending Challenge-Training for. "Whoever sends, publishes or causes to be sent or published, or otherwise made known, any challenge to fight what is commonly known as a prize fight, or shall accept any such challenge, or cause the same to be accepted, or goes into training preparatory to such fight, or acts as trainer for any person contemplating any participation in such fight, or witnesses such training, or engages as a witness in any such fight, shall be confined in the county jail not exceeding six months, and fined not exceeding five hundred dollars."4

STATEMENT OF THE OFFENSE OF SENDING A CHALLENGE TO FIGHT.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, unlawfully did send to E. F. a challenge to fight what is commonly known as a prize fight by and between him, the said C. D. and the said E. F., contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

§ 646. Engaging in. "Whoever, by previous appointment or arrangement, meets another person and engages in a prize fight, shall be imprisoned in the penitentiary not less than one nor more than ten years.

1

2

995

Bergen v. People, 17 Ills., 426; People v. Hamden, 1 Park. Cr. R., 344.

Bergen v. People, 17 Ills., 426; contra, Morgan v. State, 11 Ala., 289; State v. Schaunhurst, 34 Iowa, 547.

3 People v. Harriden, 1 Park. Cr. R., 344.

'R. S., 388, § 231. Prize-fighting was indictable at common-law. Reg. v. Brown, C. & M., 314.

R. S., 388, § 232.

STATEMENT OF THE OFFENSE OF ENGAGING IN A PRIZE FIGHT.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, by previous appointment, feloniously did meet one E. F., and then and there engage in a fight with him, the said E. F., contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

§ 647. Aids, Seconds, etc. "Whoever is present at such fight as an aid, second, or surgeon, or advises, encourages or promotes such fight, shall be imprisoned in the penitentiary not less than one nor more than five years, or be confined in the county jail not exceeding one year and fined not exceeding one thousand dollars.""

STATEMENT OF THE OFFENSE OF AIDING IN A PRIZE FIGHT AS SECOND.

(Commence as in form on page 35) that E. F., on, etc., at, etc., in the said county by previous appointment and arrangement, feloniously did meet one G. H., and then and there engage in a fight with the said G. H., and that C. D. was then and there feloniously and willfully present as a second, aiding, encouraging and promoting the said fight, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

$648. Leaving the State to Fight. "Whoever, being an inhabitant or resident of this state, by previous appointment or engagement made therein, leaves the state and engages in a fight with another person without the limits thereof, shall be imprisoned in the penitentiary not exceeding five years, or fined not exceeding five thousand dollars."2

STATEMENT OF THE OFFENSE OF LEAVING THE STATE TO FIGHT.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, then and there being an inhabitant and resident of this said State of Illinois, by previous appointment made in the said town and county in this said state, feloniously did leave the said State of Illinois and engage in a fight with one E. F., at in the county of and State of Missouri, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

1 R. S., 388, § 233. At common law all who were present at a prize fight, aiding, assisting or encouraging, were liable as principal actors. Anon., 6 Mod., 43; Rex v. Perkins, 4 Car. & P., 537; State v. Stalcup, 1 Ired., 30; People v. Ah. Ping, 27 Cal., 489; State v. St. Clair, 17 Iowa, 149.

2R. S., 388, § 234.

§ 649. Sparring and Boxing Exibitions.

"Whoever instigates, carries on, promotes or engages in as a witness, any sparring or boxing exhibition, shall be fined not exceeding five hundred dollars, or confined in the county jail not exceeding six months.""

STATEMENT OF THE OFFENSE OF CARRYING ON A BOXING EXHIBITION.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, unlawfully did carry on a certain boxing exhibition, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

3650. Preventing.-"Any person who shall, upon complaint made before any judge or justice of the peace, appear to be about to engage in any such fight or sparring or boxing exhibition, may be compelled to enter into bonds with security to keep the peace, as in other cases of threatened breaches of the peace."

'R. S., 388, § 235. 'Id., § 236.

SECTION VIII.

OFFENSES AGAINST THE PUBLIC JUSTICE.

§ 651. Bribery-Definition and Punishment.

652. Offering to Give or Receive a Bribe.

653. Of Judicial Officers.

654. Of Sheriff, Constable, etc.

655. Of Witnesses.

656. What held to be Bribery.

657. Continued.

658. Place where Offense was Committed.

659. Conspiracy to Indict.

660. Conspiracy to do an Illegal Act.

661. What an Indictable Conspiracy.

662. Who Liable as a Conspirator.

663. The Number of Conspirators Required.

664. When the Offense of a Conspiracy is Complete

665. Evidence of a Conspiracy.

666. Escape by Refusal of an Officer to Arrest.

667. Aiding a Prisoner to Escape.

668. Rescue.

669. The Preceding Extend to Civil Process.

670. Rescue of Prisoner Charged with High Crime before Conviction.

671. Rescue of a Prisoner Convicted of High Crime.

672. Officer Allowing before Conviction.

673. Officer Allowing after Conviction.

674. Officer of Penitentiary Allowing.

675. Aiding Escape.

676. What an Escape.

677. Continued-Use of Force not Necessary.

678. Who Liable for an Escape.

679. Who not Liable for an Escape.

680. Evidence of an Escape.

681. Falsely Assuming an Office.

682. Omissions and Malfeasance.

683. Effect of Ignorance of the Law.

684. Justice, when Criminally Liable for Omission of Duty.

685. Extortion.

686. Shaving Warrants, etc.

687. Withholding Funds.

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§688. Withholding Records, etc., from Successor.

689. Perjury-Definition and Punishment.

690. Indictment for Perjury.

691. Attempt to Suborn.

692. Evidence that Oath was Administered by One Having Authority. 693. Evidence that Oath was Administered in a Judicial Proceeding, etc. 694. Evidence of the Matter Sworn to Alleged to be False.

695. Effect of a False Statement of Opinion, Belief, etc.

696. Evidence that the matter Falsely Sworn to was Material.

697. False Statement must be of a Fact, not a Promise or an Opinion.

698. Evidence of the Falsity of the Matter Sworn to.

699. Number of Witnesses Required.

700. As to What Facts more than One Witness Required.

701. Evidence that the False Statement was Corruptly Made.

702. Defense to an Indictment for Perjury.

703. Resistance to Officers in Executing Process.

704. What not a Defense to an Indictment for Resisting an Officer.

705. Evidence.

706. Defense-Want of Authority of Officer.

707. Continued-Illegal Process, etc.

708. Inducing Witnesses to Leave.

709. Evidence.

1. BRIBERY.

"Whoever corruptly,

§651. Definition and Punishment. directly or indirectly, gives any money or other bribe, present, reward, promise, contract, obligation or security for the payment of any money, present, reward or any other thing, to any judge, justice of the peace, sheriff, coroner, clerk, constable, jailor, attorney-general, state's attorney, county attorney, member of the general assembly, or other officer, ministerial or judicial, or to any legislative, executive or other officer of an incorporated city, town or village, or an officer elected or appointed by virtue of any law of this state, after his election or appointment, either before or after he is qualified, with intent to influence his act, vote, opinion, decision or judg ment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him in his official capacity, or to cause him to execute any of the powers in him vested, or to perform any duty of him required, with partiality or favor, or otherwise than is required by law,