PRISON LAWS OF CALIFORNIA. vful resistance, by whom made. 105 EC. 692. Lawful resistance to the commission of a public nse may be made- By the party about to be injured. By other parties. [Pen. Code.] the party, in what cases and to what extent. EC. 693. Resistance sufficient to prevent the offense may be e by the party about to be injured: To prevent an offense against his person, or his family, or - member thereof. To prevent an illegal attempt by force to take or injure erty in his lawful possession. [Pen. Code.] other parties, in what cases. c. 694. Any other person, in aid or defense of the person t to be injured, may make resistance sufficient to prevent ffense. [Pen. Code.] vention of officers, in what cases. c. 697. Public offenses may be prevented by the intervenof the officers of justice: By requiring security to keep the peace. By forming a police in cities and towns, and by requiring attendance in exposed places. By suppressing riots. [Pen. Code.] ns acting in their aid justified. c. 698. When the officers of justice are authorized to act è prevention of public offenses. other persons, who, by their and, act in their aid, are justified in so doing. [Pen. Code.] iable homicide by public officers. E. 196. Homicide is justifiable when committed by public s, and those acting by their command in their aid and ance, either— In obedience to any judgment of a competent court; or, When necessarily committed in overcoming actual resistto the execution of some legal process, or in the discharge y other legal duty; or, When necessarily committed in retaking felons who have rescued or have escaped, or when necessarily committed in ネム STANFORD UKRARIFS arresting persons charged with felony, and who are fleeing from justice or resisting such arrest. [Pen. Code.] See 58 Cal. 262. As to arrest of fleeing person, see note 43, Am. St. Rep. 79. Justifiable homicide by other persons. SEC. 197. Homicide is also justifiable when committed by any person in either of the following cases: 1. When resisting any attempt to murder any person, or to commit a felony, or do some great bodily injury upon any per 4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace. [Pen. Code.] Justifiable homicide not punishable, see Penal Code, sec. 199. Escapes. See title under Fugitives from Justice, page 60. "Riot" defined. SEC. 404. Any use of force or violence, disturbing the public Riot punished, see Penal Code, sec. 405. Remaining at place of riot, see Penal Code, sec. 409. "Unlawful assembly" defined. [Pen. SEC. 407. 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. [Pen. Code.] Unlawful assembly and rout punished, see Penal Code, sec. 408. Destroying or injuring jails. SEC. 606. Every person who willfully and intentionally breaks down, pulls down, or otherwise destroys or injures any public jail or other place of confinement, is punishable by fine not exceeding five thousand dollars, and by-imprisonment in the state prison not exceeding five years. [Pen. Code.] 139 Cal. 210. A conviction for the crime of injuring public jail is proper though the defendant committed the injury in an attempt to escape: 68 Cal. 424 and 439. Malicious mischief in general defined. SEC. 594. Every person who maliciously injures or destroys any real or personal property not his own, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor. [Pen. Code.] Crime against nature, punishment therefor. SEC. 286. Every person who is guilty of the infamous crime against nature, committed with mankind or with an animal, is punishable by imprisonment in the state prison not less than five years. [Pen. Code.] Attempts and assaults to commit the offense are indictable: 3 Q. B. 180. Consent or non-consent is immaterial: 8 Car. & P. 604. Penetration sufficient to complete the crime. SEC. 287. Any sexual penetration, however slight, is sufficient to complete the crime against nature. [Pen. Code.] Pollution of streams, etc. SEC. 374. * * * Any person who puts any water-closet or privy, or the carcass of any dead animal, or any offal of any kind, in or upon the borders of any stream, pond, lake, or reservoir, from which water is drawn for the supply of any portion of the inhabitants of this state, so that the drainage from such water-closet, privy, carcass, or offal may be taken up by or in such stream, pond, lake, or reservoir; or who allows any watercloset, or privy, or carcass of any dead animal or any offal of any kind to remain in or upon the borders of any such stream, pond, lake, or reservoir within the boundaries of any land owned or occupied by him, so that the drainage from such water-closet, privy, carcass, or offal may be taken up by or in such stream, pond, lake, or reservoir; or who keeps any horses, mules, cattle, swine, sheep, or live stock of any kind, penned, corralled, or housed on, over, or on the borders of any such stream, pond, lake, or reservoir, so that the waters thereof shall become pol luted by reason thereof; or who bathes in any such stream, pond, lake, or reservoir; or who by any other means fouls or pollutes the waters of such stream, pond, lake, or reservoir, is guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section three hundred and seventy-seven. [Pen. Code.] Using false weights or measures. SEC. 553. Every person who uses any weight or measure, knowing it to be false, by which use another is defrauded or otherwise injured, is guilty of a misdemeanor. [Pen. Code.] Stamping false weight, etc., on package-Penalty. SEC. 554. Every person who knowingly marks or stamps false or short weight or measure, or false tare, on any cask or package, or knowingly sells or offers for sale, any cask or package so marked, is guilty of a misdemeanor. [Pen. Code.] Seller must give purchaser full weight-Penalty. SEC. 555. In all sales of coal, hay, and other commodities, usually sold by the ton or fractional parts thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are commonly sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound; and any person violating this section is guilty of a misdemeanor. [Pen. Code.] STANFORD LIBRARIES D. STATUS OF CONVICTS. Civil rights of convicts suspended. SEC. 673. 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. [Pen. Code.] Construed not to suspend rights of creditors to subject property of prisoner to satisfaction of judgment: 35 Cal. 392. See, also, 125 Cal. 417. PRISON LAWS OF CALIFORNIA. 109 th. 74. A person sentenced to imprisonment in the state convict sentenced for less than life is not civilly dead. responsibilities do not cease though certain of his nts are for a time suspended: 68 Cal. 518. life termer loses the right to inherit property. s to the status of convicts in England, see 9 Cyc. 872. ns to the above. 75. The provisions of the last two preceding sections be construed to render the persons therein mentioned ent as witnesses upon the trial of a criminal action or g, or incapable of making and acknowledging a sale or ce of property. [Pen. Code. ] ec. 110 N. Y. 317 (Andrews, J.); 18 N. E. 148; 18 N. Y. 213; 6 Am. St. Rep. 368; 61 Kan. 738; 53 Vt. 315. Property of convict.-Property held by official at rest of prisoner and as his bailee is not in the custody the law and is attachable: 124 Cal. 561. As to the perty of a prisoner in the hands of his jailer, see note Robert Desty in 12 L. R. A. 508-9. ecurity of public may justify search and seizure of sabilities excluded from time to commence actions. er the age of majority; ne; isoned on a criminal charge, or in execution upon cona criminal offense, for a term less than life; e, not exceeding twenty years, during which such disatinues is not deemed any portion of the time in this mited for the commencement of such action, or the 74 34 |