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Submitting the question of sanity to a jury: Post, sec. 1368.
§ 27. Who are liable to punishment. The following perBons 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, designet 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.
OF PARTIES TO CRIME.
$ 30. Classification of parties to crime.
§ 30. Classification of parties to crime. The parties to crimes are classified as:
1. Principals; and,
§ 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 accessorits. Except in cases where a different punishment is prescribed, an accessory is punishable 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.
OF OFFENSES AGAINST THE SOVEREIGNTY OF THE
STATE. § 37. Treason, who only can commit. § 38. Misprision of treason.
8 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. 8., 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. 8., 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.
OF CRIMES AGAINST THE ELECTIVE FRANCHISE.
40. Person acting as election officer without appointment.
42. Fraudulent registration a felony.
46. Attempting to vote when not qualified. § 47. Procuring illegal voting.
48. Changing ballots or altering returns by election omcan.
53. Intimidating, corrupting, deceiving, or defrauding electon. § 54. Furnishing money for elections. § 54a. Receiving or contracting for any money or thing of value for
voting or not voting. § 54b. Promising or contributing any money or valuable consideration
for a person's voting or not voting. $ 55. Offers to procure offices for electors. § 55a. Soliciting or demanding candidate vote for or against any meas
ure or bill. $ 56. Communicating such offer. $ 57. Giving or offering bribes to members of legislative caucas, etc.
57a. Officers of election aiding in wrongdoing.
58. Preventing public meetings. Š 59. Force, violence or restraint used to influence vote. $ 60. Betting on elections.
61. Violation of electioa laws by persons not officers,
62, Violation of election laws as to tickets. § 62a. Circulating anonymous circulars relating to candidate & mlade
6342. Candidate or member of legislature accepting money.
§ 40. Person acting as election officer without appointment. Any person who acts as an election officer at any election, without first having been appointed and qualified as such, and any person who, not being an election officer, performs or discharges any of the duties of an election officer, in regard to the handling or counting or canvassing of any ballots cast at any election, shall be guilty of a felony, and on conviction be punished by imprisonment in the state prison for not less than two nor more than seven years.
Stats. 1895, 74.
§ 41. Violation of election laws by certain officers a felony. Every person charged with the performance of any duty, under the provision of any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions is prescribed by this code, punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both. En. February 14, 1872.
Cal. Rep. Cit. 75, 628; 75, 631; 142, 79; 146, 309.
§ 42. Fraudulent registration a felony. Every person who willfully causes, procures, or allows himself to be registered in any register of electors required by law to be made or kept, knowing himself not to be entitled to such registration, is punishable by imprisonment in the state prison for not less than one nor more than three years. En. February 14, 1872. Am’d. 1905, 639. The amendment conforms the section section 21 of the Purliy of Elections Act (Stats. 1893, p. 12).-Code Commissioner's Note.
§ 42a. Allowing fraudulent registration. Every person who willfully causes, procures, or allows any other person to be registered in any register of electors required by law to be made or kept, knowing him not to be entitled to such registration, is punishable by imprisonment in the state prison for not less than one nor more than three years. En. Stats. 1905, 639. This is a codification of section 22 of the Purity of Elections Act (Stats. 1893, p. 12).-Code Commissioner's Note.
§ 43. Refusal to be sworn or to answer board of judges. Every person who, after being required by the board of judges at any election, refuses to be sworn, or being sworn, refuses to answer any pertinent question, propounded by such board, touching the right of another to vote, is guilty of a misdemeanor. En. February 14, 1872. Am’d. 1873-4, 423.
§ 44. Refusal to obey summons of board. Every person summoned to appear and testify before any board of registration, who willfully disobeys such summons, is guilty of a misdemeanor. En. February 14, 1872.