TITLE I.

OF PERSONS LIABLE TO PUNISHMENT FOR CRIME.

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 persons 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.

Submitting the question of sanity to a jury: Post, sec.

1368.

The following per

27. Who are liable to punishment. sons are liable to punishment under the laws of this state: 1. All persons who commit, in whole or in part, any crime within this state;

2. All who commit any offense without this state which, if committed within this state, would be larceny, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state;

3. All who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein. En. February 14, 1872. Am'd. 1905, 638.

The amendment consists of a recasting of subdivision 2, designed to make it punishable in this state to embezzle money in another state and bring the money embezzled or some part of it into this state. The section as it now stands authorizes the conviction and punishment of persons committing larceny or robbery outside the state, who bring the property stolen into this state, but does not extend to the case of embezzlement.-Code Commissioner's Note.

Cal. Rep. Cit. 132, 232.

See post, sec. 778.

§ 28. Prisoners to be discharged on Monday. En. Stats. 1901, 11. Am'd. 1903, 236. Rep. 1905, 491.

TITLE II.

OF PARTIES TO CRIME.

30. Classification of parties to crime.

31. Who are principals.

32. Who are accessories.

§ 33. Punishment of accessories.

§ 30. Classification of parties to crime. The parties to crimes are classified as:

1. Principals; and,

2. Accessories. En. February 14, 1872.

Cal. Rep. Cit. 144, 77.

Principals: See post, sec. 31.

Accessories: See post, sec. 32.

§ 31. Who are principals. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed. En. February 14, 1872.

Cal. Rep. Cit. 56, 398; 78, 86; 113, 179; 122, 492; 138, 627; 138, 630; 143, 264; 144, 77; 144, 79.

§ 32. Who are accessories. All persons who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories. En. February 14, 1872.

Cal. Rep. Cit. 78, 87; 129, 366.

§ 33.

Punishment of accessories. Except in cases where a different punishment is prescribed, an accessory is pun

ishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding two years, or by fine not exceeding five thousand dollars. En. February 14, 1872.

Aiding in misdemeanor is a misdemeanor: See post, sec. 659.

TITLE III.

OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE.

§ 37. Treason, who only can commit. § 38. Misprision of treason.

§ 37. Treason, who only can commit. Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death. En. February 14, 1872.

Treason against a state is an offense at common law, and is so recognized in the constitution of the United States: See Const. U. S., art. IV, sec. 2.

Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court: Const. Cal., art. I, sec. 20; see also, Const. U. S., art. III, sec. 3.

Two witnesses necessary: See Code Civ. Proc., sec. 1968. Owing allegiance to the state: See Pol. Code, secs. 55, 56.

§ 38. Misprision of treason. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the state prison for a term not exceeding five years. En. February 14, 1872.