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Sec. 88. All provisions of law inconsistent with the provisions of this act are repealed, except as to offenses committed before this act takes effect, and as to such offenses, and for the punishment of parties guilty thereof, the repealed provisions shall continue in force.

Sec. 89. This act shall take effect on the first day of July, one thousand eight hundred and seventy-four.

$24. This act, how cited. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as the Penal Code, adding, when necessary, the number of the section. En. February 14, 1872.

This act, how cited. The constitution nowhere uses the word "code," but speaks of the way in which an act' may be revised or amended: Art. IV, sec. 24.

Title of the act: See ante, sec. 1.




(88 26-680.)




§ 26. Who are capable of committing crimes.
§ 27. Who are liable to punishment.
§ 28. Prisoners to be discharged on Monday.

§ 26. Who are capable of committing crimes. All per8ons are capable of committing crimes except those belonging to the following classes:

1. Children under the age of fourteen, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness;

2. Idiots;
3. Lunatics and insane persons;

4. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent;

5. Persons who committed the act charged without being conscious thereof;

6. Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence;

7. Married women (except for felonies) acting under the threats, command, or coercion of their husbands;

8. Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused. En. February 14, 1872. Am’d. 18734, 422.

Cal. Rep. Cit. 132, 329.
Idiots: See post, secs. 1367 et seq.

Acquittal on the ground of insanity, proceedings after and committment to asylum: Post, sec. 1167.


Pen. Code

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