Bringing Chinese into the State. Separate tions. Omission of duty by Commis- NOTE.-Based upon the Act of 1850, in relation to the importation of convicts.-Stats. 1850, p. 202, Secs. 1, 2. 174. Every person bringing to or landing within this State any person born either in the Empire of China or Japan, or the islands adjacent to the Empire of China, without first presenting to the Commissioner of Immigration evidence satisfactory to such Commissioner that such person desires voluntarily to come into this State and is a person of good character, and obtaining from such Commissioner a permit describing such person and authorizing the landing, is punishable by a fine of not less than one nor more than five thousand dollars, or by imprisonment in the County Jail not less than two nor more than twelve months. NOTE. This section embodies the material penal provisions of the Act to prevent the kidnapping and importation of Mongolian females for criminal purposes, and the kindred Act of March 18th, 1870.-Stats. 1870, p. 330, et seq. The provisions of this section are broad enough to include every offense defined in either Act. 175. Every individual person of the classes referred to in the two preceding sections, brought to or landed within this State contrary to the provisions of such sections, renders the person bringing or landing liable to a separate prosecution and penalty. 176. Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misde meanor. 177. Where the performance of any act is proprohibited hibited by any statute, and no penalty for the violation of such statute is imposed in any statute, the doing of such act is a misdemeanor. acts, when no penalty is CHAPTER VIII. CONSPIRACY. SECTION 182. Criminal conspiracy defined and punishment fixed. 183. No other conspiracies punishable criminally. 184. Overt act, when necessary. 182. (§ 102.) If two or more persons conspire: 1. To commit any crime; or, 2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or, 3. Falsely to move or maintain any suit, action, or proceeding; or, 4. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat, or to obtaining money or property by false pretenses; or, 5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the 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. NOTE.-Hawkins says that conspiracy is a consultation and agreement between two or more persons, either falsely to charge another with a crime, punishable by law, or wrongfully to injure or prejudice a third person, or any body of men in any other manner; or to commit any punishable offense by law; or to do any act with intent to prevent the course of justice; or to effect a legal purpose with a corrupt intent or by improper means.-Hawk. P. C., Chap. 72, Sec. 2. Archbold defines conspiracy to be "an agreement between two or more persons: 1. Falsely to charge another with a crime punishable by law. 2. Wrongfully to injure or prejudice a third person, or any body of men in any manner. 3. To commit any offense punishable by law. 4. To do any act with intent to No other conspiracies prevent the course of justice. 5. To effect a legal purpose with a corrupt intent, or by improper means. 6. Combination by journeymen to raise their wages."— Arch. Cr. Pl., pp. 390-1. In The State vs. Buchanan, 5 Har & J., pp. 317, 351, it is said that, by a course of decisions running through a space of more than four hundred years, from the reign of Edward III to 59 George III, without a single conflicting adjudication, these points are clearly settled. That a conspiracy to do any act criminal per se is an indictable offense at common law. That an indictment will lie at common law: 1. For a conspiracy to do an act not illegal, nor punishable if done by an individual, but immoral only. 2. For a conspiracy to do an act, neither illegal nor immoral in an individual, but to effect a purpose which has a tendency to prejudice the public; e. g., a combination by workmen to raise their wages. 3. For a conspiracy to extort money from another, or to injure his reputation by means not indictable, if practiced by an individual, or by verbal defamation, and that whether it be to charge him with an indictable offense or not. 4. For a conspiracy to cheat and defraud a third person, accomplished by means of an act which would not in law amount to an indictable cheat, if effected by an individual. 5. For a malicious conspiracy to impoverish, or ruin a third person in his trade, or profession. 6. For a conspiracy to defraud a third person by means of an act not per se unlawful, and though no person be thereby injured. 7. For a bare conspiracy to cheat or defraud a third person, though the means of effecting it could not be determined on at the time. 183. (§ 103.) No conspiracies, other than those enumerated in the preceding section, are punishable criminally. criminally. punishable Overt act, when 184. (§ 104.) No agreement, except to commit a necessary. 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. NOTE.-The rule of the section is a restriction of the rule of common law. By that rule the gist of conspiracy is the unlawful confederating; and the act is complete when the confederacy is made. Any act done in pursuance of it is no constituent part of the 185 - New Sce. 1874 TITLE VIII. OF CRIMES AGAINST THE PERSON. CHAPTER I. Homicide. II. Mayhem. III. Kidnapping. IV. Robbery. V. Attempts to kill. wearing mask ve when manful VI. Assaults with intent to commit felony, other than assaults with intent to mur- VII. Duels and challenges. VIII. False imprisonment. X. Libel. Murder defined. CHAPTER I. HOMICIDE. SECTION 187. Murder defined. 189. Degrees of murder. 190. Punishment of murder. 191. Petit treason abolished. 192. Manslaughter defined. Voluntary and involuntary manslaughter. 193. Punishment of manslaughter. 194. Deceased must die within a year and a day. 195. Excusable homicide. 196. Justifiable homicide by public officers. 197. Justifiable homicide by other persons. 198. Bare fear not to justify killing. 199. Justifiable and excusable homicide not punishable. 187. Murder is the unlawful killing of a human being, with malice aforethought. NOTE. "Murder is the unlawful killing of a human being, with malice aforethought, either express or implied. The unlawful killing may be effected by any of the various means by which death may be occasioned."-Stats. 1850, p. 23, Sec. 19. "Express or implied "-these words are omitted, for they are included within the term "malice," and by the next section it is declared that malice, which is the ingredient of murder, may be expressed or implied. The sentence italicized is omitted, because it is surplusage. Every unlawful killing with malice aforethought being murder, it follows that any such killing effected by any means is murder. Murder, in the language of Hawkins, is defined to be "the willful killing of any subject whatsoever, through malice aforethought.”—1 Hawk. P. C., Sec. 3. Russell says "murder is the killing of any person under the King's peace, with malice prepense or aforethought, either express or implied by law."-1 Russell on Crimes, p. 421. Sir Edward Coke (3 Inst., p. 47) describes the offense to be "when a person of sound mind and discretion unlawfully killeth any reasonable creature in being, and under the King's peace, with malice aforethought, either express or implied." Blackstone accepts the description of murder as given by Coke. 4 Bl. Com., p. 196; see, also, 2 Wharton's Cr. Law, Sec. 930. But |