Oct. 19, 1864, 2. Division of crimes. 13 Or. 145. Oct. 19, 1864, $3. Felony defined. Oct. 19, 1864, §4. Misdemeanor defined. 1201. [2.] Crimes are divided into,— 1. Felonies; and, 2. Misdemeanors. this state. § 1202. [3.] A felony is a crime punishable with death, or which is or may be punishable by imprisonment in the penitentiary of Felonies. Where a crime is punishable with fine or imprisonment in the state prison, in discretion of the court, it is held that the crime may be § 1203. [4.] § 1204. [5.] punished by imprisonment in the state Every other crime is a misdemeanor. Oct. 19, 1864, $5. sion of a crime but upon the indictment of a grand jury, unless otherwise expressly provided by law. Crimes, how prosecuted. Oct. 19, 1864, § 6. Criminal action defined. Oct. 19, 1864, $7. § 1205. [6.] The proceeding by which a person is tried and punished for the commission of a crime is known in this code as a criminal action. § 1206. [7.] In a criminal action the state of Oregon Parties to crim is the plaintiff and the person prosecuted is the defendant. inal actions. CHAPTER II. Oct. 19, 1864, §8. Criminal actions, when commenced. Oct. 19, 1864, $9. 8ame. OF THE TIME OF COMMENCEMENT OF CRIMINAL ACTIONS. § 1207. Criminal actions, when commenced. § 1208. Same subject. § 1209. Time when defendant out of state not part of limitation. § 1210. When criminal action deemed commenced. § 1207. [8.] Criminal actions must be commenced within the periods prescribed in this chapter, unless otherwise expressly provided by law. § 1208. [9.] The time for the commencement of criminal actions shall be as follows: 1. For murder or manslaughter, at any time after the death of the person killed; 2. For any other felony, within three years after its commission; 3. For any misdemeanor, within two years after its commission. Indictment should show that offense is not barred: People v. Miller, 12 Cal. 291. $10. commenced. § 1209. [10.] If, when the crime is committed, the Oct. 19, 1864, defendant be out of the state, the action may be com- Criminal menced within the time herein limited, after his coming actions when within the state; and no time during which the defend- Absence from ant is not an inhabitant of or usually resident within the state, or during which he secretes himself therein so as to prevent process being served upon him, is a part of the limitation herein prescribed. Lapse of time is prima facie a good defense, and if absence from the state is relied on the state should set it up: People v. Miller, 12 Cal. 295; State v. Bockwith, 1 Stew. 318; People See note to § 16 [16 Code Civ. state. § 11. § 1210. [11.] An action is commenced, within the Oct. 19, 1864, meaning of this chapter, when the indictment is found Criminal ac deemed by a grand jury and duly filed with the clerk of the tion, when court, or in cases triable without indictment found by a commenced. grand jury, when the indictment or complaint is filed or lodged in the court or with the officer having jurisdiction of the action. CHAPTER III. OF THE JURISDICTION AND PLACE OF TRIAL OF CRIMINAL $1211. Jurisdiction of crimes committed in this state. § 1212. When crime commenced without, but consummated within, this state. § 1213. Murder or manslaughter committed by means of mortal blow or poison given without the state. § 1214. When crime committed partly in one county and partly in another county. § 1215. When burglary or larceny committed in two counties, or without the state, and property brought within. § 1216. When crime committed on boundary of two or more counties. § 1217. When crime committed within or bounding two or more counties. § 1218. Venue of action against accessary after the fact. § 1219. When conviction or acquittal in another state is a bar. § 1220. When conviction or acquittal in one county bars action in another. § 1221. In what county criminal action must be commenced. Oct. 19, 1864, Jurisdiction § 1211. [12.] Every person, whether an inhabitant $12. of this state, or any other state, territory, or country, is liable to punishment by the laws of this state for a crime state. of crimes com mitted within Oct. 19, 1864, § 12. Oct. 19, 1864, 13. Jurisdiction where crime commenced out of but con summated in state. Oct. 19, 1864, $ 14. committed by him therein, except where such crime is by law cognizable exclusively in the courts of the United States. Jurisdiction. - Penal laws are generally local in their operation, and are only intended to punish such offenses as are committed within the sovereignty in which they are enacted: See the note to Molyneux v. Seymour, 76 Am. Dec. 672; State v. Knight, Tayl. 65; The Antelope, 10 Wheat. 66; Scoville v. Canfield, 14 Johns. 348; S. C., 7 Am. Dec. 467. They do not operate extraterritorially, and a sentence of attainder of one state will not operate as a disability to sue in another: Folliot v. Ogden, 1 H. Black. 135; Wolff v. Oxholm, 6 Maule & S. 99. One sovereignty has no jurisdiction over and will not undertake to punish crimes committed in another, nor carry into effect a judgment on a criminal prosecution from another state where the offense was committed: Commonwealth v. Green, 17 Mass. 515; Western T. Co. v. Kilderhouse, 87 N. Y. 430. Certain well-settled exceptions exist to this rule, however. Where a criminal act, perpetrated in one state or foreign sovereignty, by continuity of operation takes effect in another, the courts of the latter have jurisdiction to punish the crime as if all the res gesta had taken place within its territory: Commonwealth v. Macloon, 101 Mass. 1; Tyler v. People, 8 Mich. 320; 1 Bish. Crim. L., secs. 114 et seq. A man need not be actually present in a coun try or state to render himself amenable to its laws. If crime is the immediate result of his act, he may be made to answer for it in the courts of the place where it is consummated, though he is not actually present in such place at the time. In contemplation of law he is present. Thus, if a man stand in one state, and by firing a gun kill a man in another, he would be answerable to the laws of the latter if ever he should come within their jurisdiction: People v. Adams, 3 Denio, 207; S. C., 45 Am. Dec. 468; People v. Rathbun, 21 Wend. 509; State v. Chapin, 17 Ark. 561; S. C., 65 Am. Dec. 452; Adams v. People, 1 N. Y. 173; United States v. Davis, 2 Sum. 482. So if a man who resides in one country should by means of an innocent agent commit a crime in another, he is liable to punishment under the laws of the latter when found within the jurisdiction of such laws: Jones v. State, 19 Ind. 421. So if a person residing in one country should send poison by means of a letter to another residing in a different country, for the purpose of poisoning such other, and should succeed, he would be liable to punishment under the laws of the latter country: People v. Rathbun, 21 Wend. 509; Regina v. Garrett, 22 Eng. L. & Eq. 607. Extradition of fugitive from justice: See chapter 41, post. § 1212. [13.] When the commission of a crime commenced without this state is consummated within its boundaries, the defendant is liable to punishment therefor in this state if he be afterwards found therein, though he were out of the state at the time of the commission of the crime charged, provided he consummated it in this state, through the intervention.of an innocent or guilty agent, or by any means proceeding directly from himself; and in such case, the action therefor may be commenced and tried in the county in which the offense is consummated. § 1213. [14.] When the crime of murder or manslaughter has been committed by means of a mortal $14. without state. wound given, or injury inflicted, or poison administered Oct. 19, 1864, without this state, and the person so wounded, injured, Murder or or poisoned shall die thereof within this state, the per- manslaughter son committing such crime is liable to punishment therefor in this state, provided he be found or come therein; and in such case, the action therefor may be commenced and tried in the county where the death may happen. See the note to the preceeding section. $ 15. In what county § 1214. [15.] When a crime is committed partly in Oct. 19, 1864, one county and partly in another, or the acts or effects thereof constituting or requisite to the consummation action triable. of the crime occur in two or more counties, an action therefor may be commenced and tried in either county. $16. Same. § 1215. [16.] When property feloniously taken in one Oct. 19, 1864, county, by burglary, robbery, larceny, or embezzlement, is brought into another county, an action for such crime. may be commenced and tried in either county, or when property so taken without the state is brought within it, the action may be commenced and tried in any county therein into which such property may be brought. Jurisdiction of felony committed in another county. When goods are stolen in one county and sold in another, to a person know. ing them to be stolen, the courts of the first county have no jurisdiction to punish the offense of the receiver: People v. Stakem, 40 Cal. 599. So where a person has stolen property in one county and taken it into another, it is proper to charge him with having committed the offense in the latter county; and when the venue is laid in that county, the facts showing the property to have been taken in the other county need not be averred, but evidence showing that the property was so taken may be admitted: People v. mitted partly younty in one and other 15 Or. 79. § 17. § 1216. [17.] When a crime is committed on or with- Oct. 19, 1864, in one mile of the boundary line of two or more coun- Same. ties, or when the boundary line between two or more crime comcounties is unknown or uncertain, and it is doubtful boundary in which county such crime was committed, an action ties, etc. therefor may be commenced and tried in either county. mitted on between coun Oct. 19, 1864, 18. In what county § 1217. [18.] When a crime is committed upon any bay, lake, river, or other water situate in two or more action triable. counties, or forming the boundary between two or more counties, an action therefor may be commenced and tried in any county bordering on such bay, lake, river, or other water, and opposite to the place where the crime was committed. Crime committed on water, etc. Oct. 19, 1864, $19. Action against § 1218. [19.] In the case of an accessary after the fact in the commission of a crime, the action must be comaccessary after menced and tried in the county where the crime of the accessary was committed, notwithstanding the principal crime was committed in another county. fact, when commenced. Oct. 19, 1864, $20. Conviction or acquittal in another county as bar. Oct. 19, 1864, $21. § 1219. [20.] When an act declared to be a crime is within the jurisdiction of another state, country, or territory, as well as of this state, a conviction or acquittal thereof in the former is a bar to a prosecution therefor in this state. § 1220. [21.] When an action for a crime may be commenced and tried in either of two or more counties, a conviction or acquittal thereof in one county is a bar county as bar. to a prosecution therefor in another. Conviction or acquittal in another Oct. 19, 1864, $22. § 1221. [22.] Except as in this chapter otherwise specially provided, all criminal actions must be comtions, in what menced and tried in the county where the crime was committed. Criminal ac counties must be com menced, gen erally. CHAPTER IV. OF CHANGE OF THE PLACE OF TRIAL. § 1222. § 1223. Action for felony, when place of trial may be changed. § 1225. § 1226. § 1227. When change of place of trial deemed complete. § 1228. Oct. 19, 1864, 23. If defendant in custody, warrant to remove him. § 1229. Either party may have place of trial changed as in this chapter, but not otherwise. § 1222. [23.] In an action for a felony, when the cause is at issue upon a question of fact, the court may order the place of trial to be changed, as follows: |