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The constitution and the penal code of the Preston School of Industry online

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knows to be false.

9. Perjury is punishable by imprisonment in Company
G for not less than one nor more than ten months.

10. Every person who willfully procures another person to
commit perjury is guilty of subordination of perjury, and is
punishable in the same manner as he would be if personally
guilty of the perjury so procured.

1 1. Every person, who, by willful perjury, or subordination
of perjury, procures the conviction and punishment of any inno-
cent person, is punishable by imprisonment not exceeding one
year.



24 THE PENAL CODE

CHAPTER VI

FALSIFYING EVIDENCE

1. Every person, who, upon any trial, proceeding, inquiry,
or investigation whatever, authorized or permitted by law, offers
in evidence, as genuine or true, any book, paper, document,
record, or other instrument in writing, knowing the same to have
been forged, or fraudulently altered or antedated, is guilty of a
felony.

2. Every person who willfully prevents or dissuades any
persons who is or may become a witness, from attending upon
any trial, proceeding, or inquiry, authorized by law, is guilty of
a misdemeanor.

3. Every person who gives, or offers, or promises to give
to any witness, or person, about to be called as a witness, any
bribe, upon any understanding or agreement that the testimony
of such witness shall be thereby influenced, or who attempts by
any other means fraudulently to induce any person to give false
or withhold true testimony, is guilty of a felony.

4. Every person who is a witness, or is about to be called
as such, who receives or offers to receive, any bribe, upon any
understanding that his testimony shall be influenced thereby, or
that he will absent himself from the trial, or proceeding, upon
which his testimony is required, is guilty of a felony.

CHAPTER VII

OTHER OFFENSES AGAINST PUBLIC JUSTICE

1. Every sheriff, keeper of a jail, constable, or other peace
officer, who willfully refuses to receive or arrest any person
charged with a criminal offense, is punishable by a fine not ex-
ceeding fifteen dollars, or imprisonment in Company F for not
exceeding five months.

2. Every public officer or other person, having arrested
any person upon a criminal charge, who willfully delays to take
such person before a magistrate having jurisdiction, to take his
examination, is guilty of a misdemeanor.



THE PENAL CODE 25

3. Every person who willfully resists, delays or obstructs
any public officer, in the discharge or attempt to discharge any
duty of his office, when no other punishment is prescribed, is
punishable by fine not exceeding fifteen dollars, or imprison-
ment in Company G not exceeding five months.

4. Every attorney who, whether as attorney or as counsel-
lor, either,

(a) Is guilty of any deceit or collusion, or consents to any
deceit or collusion, with intent to deceive the court
or any party ; or

(b) Willfully delays his client's suit with a view to his
own gain ; or

(c) Willfully receives any money or allowance for or
on account of any money which he has not laid or
become answerable for ;

Is guilty of a misdemeanor.

5. Every grand juror, who, with knowledge that a challenge
interposed against him by a defendant has been allowed, is
present at, or takes part, or attempts to take part in consideration
of the charge against the defendant, who interposed the chal-
lenge, or the deliberations of the grand jury thereon, is guilty
of a misdemeanor.

6. Every grand juror, district attorney, clerk, judge, or other
officer, who, except by issuing or in executing a warrant of
arrest, willfully discloses the fact of a presentment or an indict-
ment having been made for a felony, until the defendant has
been arrested, is guilty of a misdemeanor.

7. Every grand juror who, except when required by a court,
willfully discloses any evidence adduced before the grand jury,
or anything which he himself, or any other member of the grand
jury, may have said, or in what manner he or any other grand
juror may have voted on a matter before them, is guilty of a
misdemeanor.



26 THE PENAL CODE

Title VIII



CHAPTER IX

ASSAULT AND BATTERY

1 . An assault is an unlawful attempt, coupled with a pres-
ent ability, to commit a violent injury on the person of another.

2. An assault is punishable by fine not exceeding thirty-six
dollars, or by imprisonment in Company F not exceeding twelve
months or by both.

3. A battery is any willful and unlawful use of force or
violence upon the person of another.

4. Every person who commits an assault upon the person
of another with a deadly weapon or instrument, or by any means
or force likely to produce great bodily injury, is punishable by
imprisonment in Company G, or in Company F, not exceeding
one year, or by fine not exceeding thirty-six dollars or by both.

Title IX



CHAPTER VII

OF CRIMES AGAINST RELIGION, CONSCIENCE, AND OTHER
OFFENCES AGAINST GOOD MORALS

1 . Every person who willfully disturbs or disquiets any
assemblage of people met for religious worship, by noise, pro-
fane discourse, rude or indecent behavior, or by any unneces-
sary noise, either within the place where such meeting is held
or so near it as to disturb the order and solemnity of the meet-
ing, is guilty of a misdemeanor.

CHAPTER VIII

INDECENT EXPOSURE AND OBSCENE EXHIBITIONS

1 . Every person who willfully and lewdly, either:
(a) Exposes his person or the private parts thereof, in
any public place, or in any place where are present
other persons to be offended or annoyed thereby; or



THE PENAL CODE 27

(b) Procures, counsels, or assists any person so to ex
pose himself, or to take part in any model art exhi-
bition, or to make any other exhibition of himself, to
public view, or to the view of any number of persons,
such as is offensive to decency, or is adapted to ex-
cite to vicious or lewd thoughts or acts; or

(c) Writes, composes, stereotypes, prints, publishes, sells,
distributes, keeps for sale, or exhibits any obscene or
indecent writing, paper or books; or designs, copies,
draws, engraves, paints, or otherwise prepares any
obscene or indecent picture or print; or models, cuts,
casts, or otherwise makes any obscene or indecent
figure; or

(d) Writes, composes, publishes, any notice or adver-
tisement of any such writing, paper, book, picture,
print or figure; or

(e) Sings any lewd or obscene song, ballad, or other
words, in any public place, or in any place where
there are persons present to be annoyed thereby, is
guilty of a misdemeanor.

Title XIII



CHAPTER V

LARCENY

I. Larceny is the felonious stealing, taking, carrying, leading
or driving awa}- the personal property of another.

2. One who finds lost property, under circumstances which
give him knowledge of or means of inquiry as to the true owner,
and who appropriates such property to his own use, or to the
use of another person not entitled thereto, without first making
reasonable and just efforts to find the owner and restore the
property to him, is guilty of larceny.

3. Larceny is divided into two degrees, the first of which is
termed grand larceny; the second, petit larceny.

4. Grand Larceny is larceny committed in either of the
following cases:



28 THE PENAL CODE

(a) When the property taken is of a value exceeding
one dollar.

(b) When the property is taken from the person of
another.

(c) When the property taken is a horse, mare, gedling
cow, steer, bull, calf, mule, jack, jenny, goat, sheep,
or hog.

5. Larceny in other cases is petit larceny.

6. Grand Larceny is punishable by imprisonment in Com-
pany G for not less then one nor more then ten months.

7. Petit larceny is punishable by fine not exceeding eigh-
teen dollars, or by imprisonment in Company F not exceeding
six months, or both.

8. If the thing stolen consists of any evidence of debt, or
other written instrument, the amount of money due thereupon, or
secured to be paid thereby, and remaining unsatisfied, or which
in any contingency might be collected thereon, or the value of the
property the title to which is shown thereby, or the sum which
might be recovered in the absence thereof, is the value of the
thing stolen.

CHAPTER VII

EXTORTION

1 . Extortion is the obtaining of property from another, with
his consent, induced by a wrongful use of force or fear, or under
color of official right.

2. Fear, such as will constitute extortion, may be induced
by a threat, either:

(a) To do an unlawful injury to the person or property
of the individual threatened, or to any relative of
his, or member of his family; or,

(b) To accuse him, or any relative of his, or member
of his family, of any crime; or,

(c) To expose, or impute to him or them any deform-
ity or disgrace; or,

(d) To expose any secret affecting him or them.

3. Every person who extorts any money or other property
from another, under circumstances not amounting to robbery, by



THE PENAL CODE 29

means of force, or any threat, such as is mentioned in the pre-
ceding section, is punishable by imprisonment in Company G
not exceeding five months.

4. Every person who commits any extortion under color of
official right, in cases for which a different punishment is not pre-
scribed in this Code, is guilty of a misdemeanor.

5. Every person who, by any extortionate means, obtains
from another his signature to any paper or instrument, whereby,
if such signature were freely given any property would be trans-
ferred, or any debt, demand, charge, or right of action created,
is punishable in the same manner as if the actual delivery of
such debt, demand, charge, or right of action were obtained.

6. Every person, who, with intent to extort any money or
other property from another, sends or delivers to any person, any
letter or other writing, whether subscribed or not, expressing or
implying, or adapted to imply, any threat such as is specified in
section two, is punishable in the same manner as if such money
or property were actually obtained by means of such threat.

7. Every person who unsuccessfully attempts, by means of
any verbal threat, such as is specified in section two, to extort
money or other property from another, is guilty of a misde-
meanor.

Title XIV



MALICIOUS MISCHIEF

1 . Every person who willfully commits any trespass by
putting up, affixing, fastening, printing, or painting upon any
property belonging to the State, or to any city, county, town or
village, or dedicated to the public, or upon any property of any
person, without license from the owner, any notice, advertise-
ment, or designation of or any name for any commodity,
whether for sale or otherwise, or any picture, sign or device
intended to call attention thereto, is guilty of a misdemeanor.

2. Every person who maliciously injures or destroys any
standing crops of grain, cultivated fruits or vegetables, the pro-
perty of another, in any case for which a punishment is not



30 THE PENAL CODE

otherwise prescribed by this Code, is guilty of a misdemeanor.

3. Every person who maliciously mutilates, tears, defaces,
obliterates, or destroys any written instrument the property of
another, the false making of which would be forgery, is punish-
able by imprisonment in Company G for not less than one nor
more than five months.

4. Every person who willfully opens or reads, or causes to
be read, any sealed letter not addressed to himself, without being
authorized so to do, either by the writer of such letter or by the
person to whom it is addressed, and every person who, without
the like authority, publishes any of the contents of such letter,
knowing the same to have been unlawfully opened, is guilty of
a misdemeanor.



PART TWO



Of CRIMINAL PROCEDURE



THE PENAL CODE 33

Preliminary Provisions



1. No person can be punished for a public offense, except
upon a legal conviction in a court having jurisdiction thereof.

2. Every public offense must be prosecuted by indictment
or information, except,

(a) Where proceedings are had for the removal of civil
officers of the School.

(b) Offenses tried in Justices and Police Courts.

3. The proceedings by which a party charged with a public
offense is accused and brought to trial and punishment, is known
as a criminal action.

4. A criminal action is prosecuted in the name of the peo-
ple of the Preston School of Industry, as a party, against the per-
son charged with the offense.

5. The party prosecuted in a criminal action is designated
in this Code as the defendant,

6. In a criminal action the defendant is entitled

(a) To .a speedy and public trial.

(b) To be allowed counsel as in civil actions, or to
appear and defend in person and with counsel.

(c) To produce witnesses on his behalf, and to be con-
fronted with the witnesses against him, in the pres-
ence of the court, except that where the charge has
been preliminary examined before a committing
magistrate, and the testimony taken down by ques-
tion and answer in the presence of the defendant,
who has, either in person or by counsel cross-
examined or had an opportunity to cross-examine
the witness; or where the testimony of a witness on
the part of the people, who is unable to give security
for his appearance, has been taken conditionally in
the like manner in the presence of the defendant,
who has, either in person or by counsel, cross-
examined or had an opportunity to cross-examine the
witness, the deposition of such witness may be read,



34 THE PENAL CODE

upon its being satisfactorily shown to the court that
he is dead or insane, or cannot with due diligence
be found within the School.

7. No person can be subjected to a second prosecution for
a public offense for which he has once been prosecuted and
convicted or acquitted.

8. No person can be compelled, in a criminal action, to be
a witness against himself; nor can a person charged with a pub-
lic offense, be subjected, before conviction, to any more restraint
than is necessary for his detention to answer the charge.

9. No person can be convicted of a public offense, unless
by the verdict of a jury, accepted and recorded by the court, or
upon a plea of guilty or upon a judgment of a court, a jury
having been waived, in a criminal case not amounting to felony.



Title II



CHAPTER I

OF IMPEACHMENTS

1 . The president, vice-president, governor, lieutenant-gov-
ernor, secretary of state and treasurer, attorney-general, secretary
of military affairs, chief justice, associate justices of the supreme
court, and judges of the superior courts are liable to impeach-
ment for any misdemeanor in office.

2. All impeachments must be by resolution adopted,
originated in, and conducted by managers elected by the Assem-
bly, who must prepare articles of impeachment, present them at
the bar of the Senate, and prosecute the same. The trial must
be before the Senate, sitting as a court of impeachment.

3. When an officer is impeached by the Assembly for a
misdemeanor in office, the articles of impeachment must be de-
livered to the President of the Senate.

4. The Senate must assign a day for the hearing of the
impeachment, and inform the Assembly thereof. The President
of the Senate must cause a copy of the articles of impeachment,



THE PENAL CODE 35

with a notice to appear and answer the same at the time and
place appointed, to be served on the defendant not less than ten
days before the day affixed for the hearing.

5. If the defendant does not appear, the Senate upon proof
of service or publication, as provided in the last two sections,
may, of its own motion, or for cause shown, assign another day
for hearing the impeachment, or may proceed, in the absence
of the defendant, to trial and judgment.

6. When the defendant appears, he may in writing object
to the sufficiency of the articles of impeachment, or he may an-
swer the same by an oral plea of not guilty, which plea must be
entered upon the journal, and puts in issue every material alle-
gation of the articles of impeachment.

7. If the objection to the sufficiency of the articles of im-
peachment is not sustained by a majority of the members of the
Senate who heard the argument, the defendant must be ordered
forthwith to answer the articles of impeachment. If he then
pleads guilty, or refuses to plead, the Senate must render
judgment of conviction against him. If he pleads not guilty,
the Senate must, at such time as it may appoint, proceed to try
the impeachment.

8. At the time and place appointed, and before the Senate
proceeds to act on the impeachment, the secretary must admin-
ister to the President of the Senate, and the President of the
Senate to each of the members of the Senate then present, an
oath truly and impartially to hear, try and determine the im-
peachment; and no member of the Senate can act or vote upon
the impeachment, or upon any question arising thereon, without
having taken such oath.

9. 1 he defendant cannot be convicted on impeachment
without the concurrence of two-thirds or the members elected,
voting by ayes and noes, and if two-thirds of the members
elected, do not concur in a conviction, he must be acquitted.

10. After conviction, the Senate must, at such time as it
may appoint, pronounce judgment, in the form of a resolution
entered upon the journal of the Senate.



36 THE PENAL CODE

CHAPTER II

OF THE REMOVAL OF CIVIL OFFICERS OTHERWISE
THAN BY IMPEACHMENT

f. An accusation in writing against any district, county,
township, or municipal officer, for willful or corrupt misconduct
in office, may be presented by the grand jury of the county for
or in which the officer named is elected or appointed.

2. The accusation must state the offense charged, in ordi-
nary and concise language, and without repetition.

3. The accusation must be delivered by the foreman of the
grand jury to the district attorney of the company, except when he
is the officer accused, who must cause a copy thereof to be served
upon the defendant, and require by notice in writing of not less
than ten days that he appear before the Superior Court at a time
mentioned in the notice, and answer the accusation. The orig-
inal accusation must then be filed wilh the clerk of the court.

4. The defendant must appear at the time appointed in
the notice and answer the accusation, unless for some sufficient
cause the court assign another day for that purpose. If he does
not appear, the court may proceed to hear and determine the
accusation in his absence.

5. The defendant may answer the accusation either by
objecting to the sufficiency thereof or of any article therein, or
by denying the truth of the same.

6. If he objects to the legal sufficiency of the accusation,
the objection must be in writing, but need not be in any specific
form, it being sufficient if it presents intelligibly the grounds of
the objection.

7. If he denies the truth of the accusation, the denial may
be oral and without oath and must be entered upon the minutes.

8. If an objection to the sufficiency of the accusation is
not sustained, the defendant must answer thereto forthwith.

9. If the defendant pleads guilty, or refuses to answer the
accusation, the court must render judgment of conviction against
him. If he denies the matters charged, the court must imme-



THE PENAL CODE 37

diately, or at such time as it may appoint, proceed to try the ac-
cusation.

I 0. The trial must be by a jury, and conducted in all re-
spects in the same manner as the trial of an indictment for a
misdemeanor.

Title III



Chapter III

THE INFORMATION

1 . The complaint is the allegation in writing made to a
court or magistrate that a person has been guilty of some des-
ignated offense.

2. A magistrate is an officer having power to issue a war-
rant for the arrest of a person charged with a public offense.

3. The following persons are magistrates :

(a) The justices of the Supreme Court.

(b) The judges of the Superior Court.

(c) Justices of the peace.

Chapter VII

EXAMINATION OF THE CASE, AND DISCHARGE OF THE DEFEND-
ANT, OR HOLDING HIM TO ANSWER

1 . When the defendant is brought before the magistrate
upon any arresr, either with or without warrant, on a charge of
having committed a public offense, the magistrate must im-
mediately inform him of the charge against him ; of his right to
the aid of counsel in every stage of the proceedings.

2. Fie must also allow the defendant a reasonable time to
send for counsel, and postpone the examination for that purpose;
and must, upon the request of the defendant, require a peace
officer to take a message to any counsel in any Company in the
School the defendant may name. The officer must, without
delay and without fee, perform that duty.



38 THE PENAL CODE

3. If the defendant requires the aid of counsel, the magis-
trate must, immediately after the appearance of counsel, or if,
after waiting a reasonable time therefor, none appear, proceed
to examine the case.

4. The witnesses must be examined in the presence of the
defendant, and may be cross-examined in his behalf.

5. When the examination of witnesses on the part of the
people is closed, any witnesses the defendant may produce must
be sworn and examined.

6. While a witness is under examination, the magistrate
may exclude all witnesses who have not been examined. He
may also cause the witnesses to be kept separate, and to be pre-
vented from conversing with each other until they are all exam-
ined.

7. The magistrate must also, upon the request of the de-
fendant, exclude from the examination every person except his
clerk, the prosecutor and his counsel, the attorney-general, the
district attorney, the defendant and his counsel, and the officer
having the defendant in his custody.

8. If a witness, required to enter into an undertaking to
appear and testify either with or without sureties, refuses com-
pliance with the order for that purpose, the magistrate must
commit him to prison until he complies or is legally discharged.

9. When a magistrate has discharged a defendant, or has
held him to answer, he must return, without delay, to the clerk
of the court at which the defendant is required to appear, the
warrant, if any, the depositions and all undertakings of bail, or
for the appearance of witnesses, taken by him.



THE PENAL CODE 39

Title IV



OF PROCEEDINGS AFTER COMMITMENT AND
BEFORE INDICTMENT

Chapter II

FORMATION OF THE GRAND JURY

1. The grand jury being impaneled and sworn, must be
charged by the court. In doing so, the court must give them
such information as it may deem proper, or as is required by
law, as to their duties, and as to any charges for public offenses
returned to the court or likely to come before the grand jury.

2. The grand jury must then retire to a private room, and
inquire into the offenses cognizable by them. On the comple-
tion of the business before them, they must be discharged by
the court; but, whether the business is completed or not, they
are discharged by the final adjournment of the court.

3. If an offense is committed during the sitting of the court,
after the discharge of the grand jury, the court may, in its dis-
cretion, direct an order to be entered that the sheriff summon
another grand jury.

4. The order must require the sheriff to summon at least
nineteen persons, qualified to serve as jurors, to appear at a time
specified, and a copy thereof, under the seal of the court, must
by the clerk be delivered to the sheriff.

5. The sheriff must execute the order and return it, with a
list of names of the persons summoned.

6. At the time appointed the list must be called over, and
the names of those in attendance be written by the clerk on sep-
arate ballots and put into a box from which a grand jury must
be drawn.

7. The grand jury must inquire into all public offenses
committed or triable within the School, and present them to the
court, either by presentment or indictment.



40 THE PENAL CODE

8. A presentment is an informal statement in writing by
the grand jury, representing to the court that a public offense has
been committed which is triable in the School, and that there is
reasonable ground for believing that a particular individual
named or described therein has committed it.

9. An indictment is an accusation in writing, presented by
the grand jury to a competent court, charging a person with a
public offense.

10. The foreman may administer an oath to any witness
appearing before the grand jury.

11. In the investigation of a charge for the purpose of either
presentment or indictment, the grand jury can receive no other
evidence than such as is given by witnesses produced and sworn


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