California Charles Howard Fairall.

Criminal law and procedure of California including the penal code of California online

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allowance or for payment to any state board or officer, or to
any county, town, city, ward, or village board or officer, author-
ized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is guilty of felony.

71 Cal. 106.

Buying appointments to office.

73. Every person who gives or offers any gratuity or reward,
in consideration that he or any other person shall be appointed
to any public office, or shall be permitted to exercise or dis-
charge the duties thereof, is guilty of a misdemeanor.

Taking rewards for deputation.

74. Every public officer who, for any gratuity or reward,
appoints another person to a public office, or permits another
person to exercise or discharge any of the duties of his office,
is punishable by a fine not exceeding five thousand dollars, and,
in addition thereto, forfeits his office and is forever disqualified
from holding any office in this state

Exercising functions of office wrongfully.

75. Every person who wilfully and knowingly intrudes him-
self into any public office to which he has not been elected or
appointed, and every person who, having been an executive
officer, wilfully exercises any of the functions of his office after
his term has expired, and a successor has been elected or
appointed and has qualified, is guilty of a misdemeanor.

Refusal to surrender books, etc., to successor.

76. Every officer whose office is abolished by law, or who,
after the expiration of the time for which he may be appointed
or elected, or after he has resigned or been legally removed from
office, wilfully and unlawfully withholds or detains from his
successor, or other person entitled thereto, the records, papers,
documents, or other writing appertaining or belonging to his
office, or mutilates, destroys, or takes away the same, is pun-
ishable by imprisonment in the state prison not less than one
nor more than ten years.

im Cal. 493.

Sections to apply to administrative and ministerial officers.

77. The various provisions of this chapter apply to admin-
istrative and ministerial officers, in the same manner as if they
were mentioned therein.



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607 CRIMES AGAINST LBGISLiriVB POWER. 81-86

TITLE yi.
OF CRIMES AGAINST THE LEGISLATIVE POWER.

Sec. 81. Preventing the meeting of the legislature.

82. Disturbing the legislature while In session.

83. Altering draft of bill or resolution.

84. Altering enrolled copy of bill or resolution

85. Giving or ofTcring briben to members of the legislature.

86. Receiving bribes l)y members of the legislature.

87. Witnesses refusing to attend, etc., before the legislature.

88. Bribes by members of the legislature.

89. Lobbying.

Preventing the meeting of the legislature.

81. Every person who wilfully, and by force or fraud, pre-
vents the legislature of this state, or either of the houses com-
posing it, or any of the members thereof, from meeting or
organizing, is guilty of felony.

Disturbing the legislature while in session.

82. Every person who wilfully disturbs the legislature of this
state, or either of the houses composing it, while in session, or
who commits any disorderly conduct in the immediate view and
presence of either house, tending to interrupt its proceedings
or impair the respect due to Its authority, is guilty of a mis-
demeanor.

Altering draft of bill or resolution.

83. Every person who fraudulently alters the draft of any
bill or resolution which has been presented to either of the
houses composing the legislature, to be passed or adopted, with
intent to procure it to be passed or adopted by either house,
or certified by the presiding officer of either house, in language
different from that intended by such house, is guilty of felony.

Altering enrolled copy of bill or resolution.

84. Every person who fraudulently alters the enrolled copy
of any bill or resolution which has been passed or adopted by
the legislature of this state, with intent to procure it to be
approved by the governor, or certified by the secretary of state,
or printed or published by the printer of the statutes, in lan-
guage different from that in which it was passed or adopted
by the legislature, is guilty of felony.

Giving or offering bribes to members of the legislature.

85. Every person who gives or offers to give a bribe to any
member of the legislature, or to another person for him, or
attempts by menace, deceit, suppression of truth, or any corrupt
means, to influence a member in giving or withholding his vote,
or in not attending the house or any committee of which he is
a member, is punishable by imprisonment in the state prison not
less than one nor more than ten years.

Receiving bribes by members of the legislature.

86. Every member of either of the houses composing the
legislature of this state who asks, receives, or agrees to receive
any bribe upon any understanding that his official vote, opinion,
judgment, or action shall be influenced thereby, or shall be
given in any particular manner, or upon any particular side of
any question or matter upon which he may be required to act
in his official capacity, or gives, or offers, or promises to give
any official vote in consideration that another member of the
legislature shall give any such vote, either upon the same or
another question is punishable by imprisonment in the state



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«7-d2 PBNAL CODB. 608

prison not less than one nor more than fourteen years, and upon
conviction thereof shall, in addition to said punishment, forfeit
his office, be disfranchised, and forever disqualified from holding
any ofTice or public trust. (Amendment approved April 6, 1880;
amendments 1880, p. 7. In effect April 6, 1880.]

Witnesses refusing to attend, etc., before the legislature.

87. Every person who, being summoned to attend as witness
before either house of the legislature or any committee thereof,
refuses or neglects, without lawful excuse, to attend pursuant
to such summons; and every person who. being present before
either house of the legislature or any committee thereof, wilfully
refuses to be sworn or to answer any material and proper
question, or to produce, upon reasonable notice, any material
and proper books, papers, or documents in his possession or
under his control, is guilty of a misdemeanor.

Bribes by members of the legislature.

88. Every member of the legislature convicted of any crime
defined in this chapter, in addition to the punishment prescribed,
forfeits his office and is forever disqualified from holding any
office in this state.

Lobbying.

89. Every person who obtains, or seeks to obtain money or
other thing of value from another person, upon a pretense, claim,
or representation that he can or will improperly infiuence in any
manner the action of any member of a legislative body in regard
to any vote or legislative matter, is guilty of a felony. Upon
the trial no person otherwise competent as a witness shall be
excused from testifying as such concerning the offense charged,
on the grounds that such testimony may criminate himself, or
subject him to public infamy, but such testimony shall not after-
wards be used against him in any judicial proceeding except for
perjury in giving such testimony. [Amendment approved April
6, 1880; amendments 1880, p. 7. In effect April 6, 1880.]

TITLE Vn.
OF CRIMES AGAINST PUBLIC JUSTICE.

Chapter I. Bribery and Corruption.

II. Rescue.

III. Escapes and aiding therein.

IV. Forging, stealing, mutilating, and falsifying judicial
and public records and documents.

V. Perjury and subornation of perjury.

VI. Falsifying evidence.

VII. Other offenses against public justice.

VIII. Conspiracy.

CHAPTER I.

BRIBERY AND CORRUPTION.

Sec. 02. Giving bribes to jinlpos. jurors, referees, etc.

m. Receiving? bribes by judicial officers, jurors, etc.

94. Extortion.

95. Improper attempts to Influence jurors, referees, etc.

96. Misconduct of jurors, referees, etc.

97. Justice or constable purchasing judgment.

98. Officers convicted of, disfranchised.

9ii. Superintendent of printing. Interestj In contracts, etc.
100. Superintendent of printing, collusion in furnishing materials.

<aiving bribes to judges, jurors, referees, etc.

92. Every person who gives or offers to give a bribe to any



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509 BRIBERY AND CORRUPTION. 93-96

Judicial officer, juror, referee, arbitrator, or umpire, or to any
person who may be authorized by law to hear or determine any
question or controversy, with intent to influence his vote,
opinion, or decision upon any matter or question which is or may
be brought before him for decision, is punishable by imprison-
ment in the state prison not less than one nor more than ten
years.

Receiving bribes by Judicial officers, Jurors, etc.

93. Every judicial officer, juror, referee, arbitrator, or umpire,
and every person authorized by law to hear or determine any
question or controversy, who asks, receives, or agrees to receive,
any bribe, upon any agreement or understanding that his vote,
opinion, or decision upon any matters or question which is or
may be brought before him for decision, shall be influenced
thereby, is punishable by imprisonment in the state prison not
less than one nor more than ten years.

G« Cbl. 436: 99 Cal. 828.

Extortion.

94. Every judicial officer who asks or receives any emolu-
ment, gratuity, or reward, or any promise thereof, except such
as may be authorized by law, for doing any official act, is guilty
of a misdemeanor. Every judicial officer who shall ask or
receive the whole or any part of the fees allowed by law to any
stenographer or reporter appointed by him, or any other person,
to record the proceedings of any court or investigation held by
him, shall be guilty of a misdemeanor, and upon conviction
thereof shall forfeit his office. Any stenographer or reporter,
appointed by any judicial officer in this state, who shall pay, or
offer to pay, the whole or any part of the fees allowed him by
law, for his appointment or retention in office, shall be guilty of a
misdemeanor, and upon conviction thereof shall be forever dis-
qualified from holding any similar office In the courts of this
state. [Amendments approved March 8, 1895; stats. 1895, p.
30. In effect March 8, 1895.]

Improper attempt to influence jurors, referees, etc.

95. Every person who corruptly attempts to Influence a juror,
or any person summoned or drawn as a juror, or chosen as an
arbitrator, or umpire, or appointed a referee, in respect to his
verdict In or decision of any cause, or proceeding, pending, or
about to be brought before him, either:

One — By means of any communication, oral or written, had
with him except in the regular course of proceedings;

Two^By means of any book, paper, or Instrument exhibited,
otherwise than In the regular course of proceedings;

Three — By means of any threat, Intimidation, persuasion, or
entreaty; or.

Four — By means of any promise, or assurance of any pecuniary
or other advantage;

— Is punishable by fine not exceeding nve thousand dollars, or
by imprisonment In the state prison not exceeding five years.
[Approved March 30, 1874; amendments 1873-4, p. 424. In effect
July 1. 1874.1

61 Cal. 135: 64 Cal. 4.^: 121 Cal. 389.

Misconduct of Jurors, referees, etc.

9©. Every juror, or person drawn or summoned as a juror,
or chosen arbitrator or umpire, or appointed referee, who
either:



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97-100 PENAL CODE. 510

One — Makes any promise or agreement to give a verdict or
decision for or against any party; or.

Two — 'Wilfully and corruptly permits any communication to
be made to him, or receives any book, paper, instrument, or
information relating to any cause or matter pending before
him, except according to the regular course of proceedings,
is punishable by fine not exceeding five thousand dollars,
or by imprisonment in the state prison not exceeding five
years. [Approved March 30. 1874; Amendments 1873-4. p. 424.
In effect July 1, 1874.]

64 Cal. 436: 99 Cal. 890.

Justice or constable purchasing Judgment.

97. Every justice of the peace or constable of the same
township who purchases or is interested in the purchase of
any judgment or part thereof on the docket of, or on any
docket in possession of such justice, is guilty of a misde-
meanor.

Officers convicted of, disfranchised.

98. Every officer convicted of any crime defined in this
chapter, in addition to the punishment prescribed, forfeits his
office and is forever disqualified from holding any office in
this state.

Superintendent of printing, Interest In contracts, etc.

99. The superintendent of state printing shall not, durin?
his continuance in office, have any interest, either directly or
Indirectly, in any contract in any way connected with his
office as superintendent of state printing; nor shall he, during
said period, be interested, either directly or indirectly, in any
state printing, binding, engraving, lithographing, or other state
work of any kind connected with his said office; nor shall he,
directly or indirectly, be interested in any contract for furnish-
ing paper, or other printing stock or material, to or for use
in his said office; and any violations of these provisions shall
subject him, on conviction before a court of competent juris-
diction, to imprisonment in the state prison for a term of not
less than two years nor more than five years, and to a fine of
not less than one thousand dollars nor more than three thous-
and dollars, or by both such fine and imprisonment. [Amend-
ment annroved March 27, 1895; Stats. 1895, p. 235. In effect
March 27. 1895.]

Superintendent of printing, collusion In furnishing materials.

100. If the said superintendent of state printing shall cor-
ruptly collude with any person or persons furnishing paper
or materials, or bidding therefore, or with any other person
or persons, or have any secret understanding with him or
them, by himself or through others, to defraud the state, or
by which the state shall be defrauded or made to sustain a
loss, contrary to the true intent and meaning of this act,
he shall, upon conviction thereof, in any court of competent
jurisdiction, forfeit his office, and be subject to imprisonment
In the state prison for a term of not less than two years, and
to a fine of not less than one thousand dollars nor more than
three thousand dollars, or both such fine and imprisonment. [New
section approved April 3, 1876; Amendments 1875-6. p. 19. In
effect April 3d, 1876.]



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511 RESCUES — ^ESCAPES. 101-106

CHAPTER II.

RESCUES.

Sec. 101. Rescuing prisoners.

102. Retaking goods from custody of otflcer.

Rescuing prisoners.

101. Every person who rescues or attempts to rescue, or
aids another person in rescuing or attempting to rescue, any
prisoner from any prison, or from any officer or person having
him in lawful custody, is punishable as follows:

1. If such prisoner was In custody upon a conviction of
felony punishable with death: by imprisonment in the state
prison not less than one nor more than fourteen years;

2. If such prison* v was in custody upon a conviction of
any other felony: !:. imprisonment in the state prison not less
than six months nor more than five years;

3. If such prisoner was in custody upon a charge of felony:
by a fine not exceeding one thousand dollars and imprison-
ment in the county Jail not exceeding two years;

4. If such prisoner was in custody otherwise than upon
a charge or conviction of felony; by fine not exceeding five
hundred dollars and imprisonment in the county jail not ex-
ceeding six months.

Retaking goods from custody of officer.

102. Every person who wilfully injures or destroys, or
takes or attempts to take, or as^'lsts any person in taking or
attempting to take, from the custody of any officer or person,
any personal property which such officer or person has in
charge under any process of law, is guilty of a misdemeanor.

CHAPTER III.
ESCAPES AND AIDING THEREIN.

Sec. 105. Escapes from state prison.

106. Attempt to escape from state prl/^on.

107. Escapes from otlier than statf* prison.

108. Officers suffering convicts to escape.

109. Assisting prisoner fo escape.

110. Carrying Into prison things nsefnl to aid In an escape.

111. Expense of trial for escape.

Escapes from state prison.

105. EJvery prisoner confined in the state prison for a term
less than for life, who escapes therefrom, is punishable by
imprisonment in the state prison for a term equal in length
to the term he was serving at the time of such escape; said
second term of imprisonment to commence from the time he
would otherwise have been discharged from said prison.
[Amendment approved April 16, 1880; Amendments 1880, p.
42. In effect April 16th, 1880.]

S8 Cal. 170; 132 Cal. 348.

Attempt to escape from state prison.

106. Every prisoner confined in the state prison for a term
less than for life, who attempts to escape from such prison,
is guilty of a felony, and, on conviction thereof, the term of
imprisonment therefor shall commence from the time such
convict would otherwise have been discharged from said
prison. [Amendment approved April 16, 1880; Amendments
1880, p. 42. In effect April 16, 1880.]



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107-118 PfiMALQODB. 512

Escapes from other than state prison.

107. Every prisoner confined in any other prison than the
state prison, who escapes or attempts to escape therefrom, is
guilty of a misdemeanor.

Officers suffering convicts to escape.

108. Every keeper of a prison, sheriff, deputy sheriff, con-
stable, or Jailer, or person employed as a guard, who fraudu-
lently contrives, procures, aids, connives at, or voluntarily
permits the escape of any prisoner in custody, is punishable
by imprisonment in the state prison not exceeding ten years,
and fine not exceeding ten thousand dollars.

Assisting prisoners to escape.

109. E^ery person who wilfully assists any prisoner con-
fined in any prison or in the lawful custody of any oflBcer or
person to escape, or in an attempt to escape from such prison
or custody, is punishable as provided in section 108 of this code.

Carrying into prison things useful to aid in an escape.

110. E^^ery person who carried or sends into a prison any-
thing useful to aid a prisoner in making his escape, with in-
tent thereby to facilitate the escape of any prisoner confined
therein, is punishable as provided in section 108 of this code.

Expense of trial for escape.

111. Whenever a trial shall be had/ of any person under any
of the provisions of sections one hundred and five and one
hundred and six of this code, and whenever a convict in the
state prison shall be tried for any crime committed therein,
the county clerk of the county where such trial is had shall
make out a statement of all the costs incurred by the county
for the trial of such case, and of guarding and keeping such
convict, properly certified to by a superior judge of said coun-
ty, which statement shall be sent to the board of state prison
directors for their approval; and after such approval, said
board shall cause the amount of such costs to be paid out of
the money appropriated for the support of the state prison
to the county treasurer of the county where such trial was
had. FNew section approved April 6, 1880; Amendments 1880,
p. 9. In effect April 6, 1880.]

CHAPTER IV.

FORGING. STEALING. MUTILATING, AND FALSIFYING

JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS.

Sec. n.^. Larceny, destruction, etc.. of records by officers.

114. Larceny, destruction, etc., of records by otHers.

ll.'i. Offerlnif false or forged instruments to be recorded.

116. Adding names, etc., to jury lists.

117. Falsifying jury lists, etc.

Larceny, destruction, etc., of records by officers.

113. Every officer having the custody of any record, map,
or book, or of any paper or proceeding of any court, filed or
deposited in any public office, or placed in his hands for any
purpose, who is guilty of stealing, wilfully destroying, mu-
tilating, defacing, altering or falsifying, removing or secreting
the whole or any part of such record, map, book, paper, or
proceeding, or who permits any other person so to do, is pun-



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513 PERJURY AND SUBORNATION. 114-118^

ishable by imprisonment in the state prison not less than one^
nor more than fourteeen years.

96 Cal. 174.

Larceny, deatruction, etc., of records by others.

114. Every person not an officer such as is referred to in
the preceding section, who is guilty of any of the acts specified
in that section, is punishable by imprisonment in the state
prison not exceeding five years, or in a county jail not exceed-
iny one year, or by a fine not exceeding one hundred dollars, or
by both.

W Cal. 174.

Offering false or forged instruments to be recorded.

115. EJvery person who knowingly procures or offers any
false or forged instrument to be filed, registered, or recorded
in any public office within this state, which instrument, if
genuine, might be filed, or registered, or recorded under any
law of this state or of the United States, is guilty of felony.

84 Cal. 569; 1S2 Cal. 2.

Adding names, etc., to Jury lists.

116. £«very person who adds any name to^he list of persons
selected to serve as jurors for the countyf/ei^er by placing
the same in the jury box or otherwise, or extrgots any name
therefrom, or destroys the jury box or any of the, pieces of
paper containing the names of jurors, or mutilates en: defaces
such names so that the same cannot be read, or chan^e^ such
names on the pieces of paper, except in cases allowed by -law,
is guilty of a felony. [Approved March 30, 1874; Amendmepts
1873-4, p. 425. In effect July 1, 1874.]

Falsifying jury lists, etc. t

117. Every officer or person required by law to certify to the '
list of persons selected as jurors, who maliciously, corruptly,
or wilfullv certifies to a false or incorrect list, or a list con-
taining other names than those selected, or who, being required
by law to write down the names placed on the certified lists
on separate pieces of paper, does not write down snd place
in the jurv box the same names that are on the certified list, and
no more and no less than are on such lists, is guilty of a felony.

CHAPTER V.
PERJURY AND SUBORNATION OF PERJURY.

Sec. 118. Perjury defined.

119. Oath defined.

120. Onth of office.

121. Trreirulnplty in admlnlsterlnp:.

122. Incompetency of witness no defense.

123. Knowiedjre of materiality of testimony not necessary.

124. MalclnR: depositions, etc., when deemed complef*.

12.'>. Statement of tiiat which one does not know to be true.

12fi. Punishment of perjury.

127. Rnbopiiatlon of perjury.

128. Procuring the execution of Innocent persons.

Perjury defined.

118. Every person who, having taken an oath that he will
testify, declare, depose, or certify truly before any competent
tribunal, officer, or person, in anv of the cases in which such
an oath may by law be administered, wilfully and contrary



CRIMCS - 33



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119-138 PMiAL CODB. 514

to such oath, states as true any material matter which he
Jtnows to be false, is guilty of perjury.

54 Cal. 528; 59 Cal. 374; 69 Cal. 379; 6S Cal. <3:
64 Cal. 271; 103 Cal. 427; lU Cal 668; 113 Cal.
75; 117 Cal. 682; 120 Oal. 132; 122 Cal. 68Q; 131
Cal. 260; 133 Cal. 368.

'^ath defined.

119. The term "oath," as used in the last section, includes
an affirmation, and every other mode authorized by law of at-
testing the truth of that which is stated.

133 Cal. 371>.

Oath of office.

1-20. So much of an oath of office as relates to the future
performance of official duties is not such an oath as is intended
by the two preceding sections.

Irregularity in administering.

121. It is no defense to a prosecution for perjury that the
oath was administered or taken in an irregular manner.

64 Cal. 271; 118 Cal. 80; 131 Cal. 266.

Incompetency of witness no defense.

122. It is no defense to a prosecution for perjury that the
accused was not competent to give the testimony, deposition, or
certificate of which falsehood is alleged. It is sufficient that he
did give such testimony or make such deposition or certificate.

64 Cial. 271.

Knowledge of materiality of testimony not necessary.

123. It is no defense to a prosecution for perjury that the
accused did not know the materiality of the false statement
made by him; or that it did not. in fact, affect the proceeding



Online LibraryCalifornia Charles Howard FairallCriminal law and procedure of California including the penal code of California → online text (page 42 of 77)