Criminal Law, Pleading and Practice in the Courts of the State of California: The Penal Code of California, Containing All Amendments to the Close of the Twenty-fourth Session of the Legislature (March 4, 1881) : with the Sections of the Code of Civil Procedure Relating to Juries, Contempts, and Evidence : Also an Appendix Referring to Statutes Containing Penal Clauses

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A.L. Bancroft, 1881 - Criminal law - 725 pages
 

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Contents

Punishment of felony when not otherwise prescribed
11
Intent how manifested and who considered of sound mind
12
P A R T I
18
TITLE II
28
Voting without being qualified voting twice and other elec tion frauds felonies
32
Forging or altering returns a felony
33
misdemeanor
36
Unlawful offers to procure offices for electors
37
Violation of election laws by persons not officers 3S 62 Printing or circulating tickets not in conformity with elec tion laws
38
TITLE W OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF SECTION 65
39
Resisting officers
40
Extortion
41
Taking rewards for deputation
42
SECTION 81
43
OTHER OFFENSES AGAINST PUBLIC Justice
45
Escapes from state prison
49
Officer refusing to receive or arrest parties charged with 143 Public administrator neglect of duty or violation of duty by
57
Repealed
60
Debtor fraudulently concealing his property
61
What proof is required
62
Attorneys forbidden to defend prosecutions carried on by their partners or formerly by themselves
63
Limitation of preceding section
64
False certificates by public officers
65
Maliciously procuring search warrant
66
Omission of duty by public officer
67
Criminal conspiracy defined and punishment fixed
68
LIBEL
69
Robbery defined
82
Assaults with intent to commit felony other than assaults
86
SECTION 236
89
Libel defined
93
TITLE IX
97
Abandonment and neglect of children
105
Abortions
106
Bigamy incest and the crime against nature
107
Violating sepulture and the remains of the dead
109
Crimes against religion and conscience and other offenses against good morals
111
Indecent exposure obscene exhibitions books and prints and bawdy and other disorderly houses
114
Lotteries
116
Gaming
118
Pawnbrokers
120
Other injuries to persons
121
Frauds in affairs of special partnership
122
Passengers
124
TITLE X
125
public place
131
Aiding advising or encouraging suicide
132
Punishment of grand larceny
155
Receiver of stolen property
156
Larceny committed and stolen property received out of this state
157
CHAPTER VI
158
CHAPTER I
167
CHAPTER XIV
174
Repealed
175
Injuries to milestones and guideboards
176
TITLE XIV
177
section
178
Using gunpowder etc in destroying or injuring any building
179
Limitation upon the operations of the preceding section
180
Injuries to standing crops etc
181
Burning or injuring rafts Setting adrift vessels
182
Removing buoys and beacons
183
Mooring vessels to buoys 1S3 615 Injuries to signals monuments etc erected in United States coast survey
184
CHAPTER I
186
Violations of the provisions of the chapter relating to police regulations of San Francisco harbor
191
Murder defined 70
192
hours
194
Insulting school teachers
195
offense
198
Foreign conviction for former offense
199
Fine may be added to imprisonment
200
TITLE I
205
CHAPTER II
207
Security to keep the peace when required
208
CHAPTER I
213
Two thirds necessary to a conviction
214
CHAPTER II
217
If objections overruled defendant must answer
218
Proceedings for the removal of a district attorney
219
OF THE PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY INDICTMENT IOR INFORMATION TO THE COMMITMENT INCLUSIV...
220
Of the time of commencing criminal actions
227
CHAPTER III
228
The warrant of arrest
230
Arrest by whom and how made
234
Retaking after an escape or rescue
240
Examination of the case and discharge of defendant or holding him to answer
241
BURGLARY AND HousebREAKING
265
Burglary defined 144
274
CHAPTER III
282
CHAPTER II
358
CHAPTER III
366
KIDNAPING
565
tape defined 98
621

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Page 126 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 22 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 5 - Words used in this Code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person...
Page 12 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Page 558 - ... and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, or subject him to public infamy ; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony...
Page 405 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 2 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
Page 485 - When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed.
Page 440 - Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Page 10 - When a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment other than imprisonment in the state prison, unless the court commits the defendant to the California Youth Authority.

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