California Charles Howard Fairall.

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

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one year, or by fine not exceeding five thousand dollars, or by
both such fine and imprisonment.

Clandestinely learning the contents of a telegram.

640. Every person who, by means of any machine, instru-
ment, or contrivance, or in any other manner, wilfully and
fraudulently reads, or attempts to read, any message, or to lears
the contents thereof, whilst the same is being sent over any
telegraph line, or wilfully and fraudulently, or clandestinely,
learns or attempts to learn the contents or meaning of any
message, while the same is in any telegraph office, or is being
received thereat or sent therefrom, or who uses or attempts to
use, or communicates to others, any information so obtained,
is punishable as provided in section 639.

Bribing telegraph operator.

641. Every person who, by the payment or promise of any
bribe, inducement, or reward, procures or attempts to procure
any telegraph agent, operator, or employee to disclose any
private message or the contents, purport, substance, or mean-
ing thereof, or offers to any such agent, operator, or employee
any bribe, compensation, or reward for the disclosure of any
private information received by him by reason of his trust as
such agent, operator, or employee, or usee or attempts to use
any such information so obtained, is pnnishable as provided in
section 639.

Collecting tolls, etc., at San Francisco, without authority.

642. Every person who collects any toll, wharfage, or dock-
age, or lands, ships, or removes any property upon or from any
portion of the water front of San Francisco, or from or upon any
of the wharves, piers, or landings under the control of the
board of state harbor commissioners, without being by audi
board authorized so to do, is guilty of a misdemeanor.

71 Cal. 7.

Violations of police regulations of San Francisco harbor.

643. Every person who violates any of the provisions of tiie
laws of this state relating to sailor boarding-houses and ship-
ping-offices in San Francisco, or who receives any gratuity or
reward other than as therein provided, for the performance of
any services under a license issued pursuant to the provisioofl
of such laws, is guilty of a misdemeanor.

71 Cal. 7.

Enticing seamen to desert.

644. Every person who entices seamen to desert from any
vessel lying in the waters of this state, and on board of which
they have shipped for a term or voyage unexpired at the time of
such enticement, is guilty of a misdemeanor.



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609 MI8CELLANSOU8 OFFENSES. 646-649^

Harboring deserting seamen.

64& Every person who harbors or secretes any seaman,
knowing him to be shipped, and with a view to persuade or
enable him to desert, is guilty of a misdemeanor.

Aiding apprentices to run away or liarboring tliem.

646. Every person who wilfully and knowingly aids, assists,
or encourages to run away, or who harbors or conceals any
person bound or held to service or labor, is guilty of a misde^
meanor.

Vagrants.

. 647. Every person (except a California Indian) without visible
means of living, who has the physical ability to work, and who
does not seek employment, nor labor when employment is offered
him; or«

2. Every healthy beggar who solicits alms as a business; or,

3. Every person who roams about from place to place with-
out any lawful business; or«

4. Every person known to be a -pickpocket, thief, burglar, or
confidence operator, either by his own confession, or by his hav-
ing been convicted of either of said offenses, and having no vis-
ible or lawful means of support, when found loitering around
any steamboat landing, railroad depot, banking institution,
broker's office, place of public amusement, auction room, store,
shop, or crowded thoroughfare, car, or omnibus, or at any public
gathering or assembly; or,

5. Every idle or dissolute person, or associate of known
thieves, who wanders about the streets at late or unusual hours
of the night; or,

6. Every person who lodges in any bam, shed, shop, out-
house, vessel, or place other than such as is kept for lodging
purposes, without the permission of the owner or party entitled
to the possession thereof; or,

7. Every lewd or dissolute person who lives in and about
he uses of ill-fame; or.

8. Every person who acts as a runner or capper for attor-
neys in and about police courts or city prisons, in incorporated
cities, or cities and counties; or,

9. Every common prostitute and common drunkard, is a vag-
rant, and is punishable by imprisonment in the county Jail not
exceeding six months. [Amendment approved March 19, 1891;
Stats. 1891, p. 130; in effect immediately.]

72 Cal. 385; 82 Cal. 614; 88 Cal. 102: 88 CaJ. 113;
108 Cal. 57.

Issuing or circulating paper money.

648. Every person who makes, issues, or puts in circulation
any bill, check, ticket, certificate, promissory note, or the paper
of any bank, to circulate as money, except as authorized by the
laws of the United States, for the first offense, is guilty of a
misdeameanor, and for each and every subsequent offense, is
guilty of felony.

Officers of fire department issuing false certificates.

649. Every officer of a fire department who wilfully Issues or
causes to be issued any certificate of exemption to a person
not entitled thereto, is guilty of a misdemeanor.



CRIMCS —30



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650-654 PENAL CODE. 610

Sending letters threatening to expose another.
' 650. Every person who knowingly and wilfully sends or
delivers to another any letter or writing, whether subscribed
or not, threatening to accuse him or another of a crime, or to
expose or publish any of his failings or infirmities, is guilty of
a misdemeanor.

Requiring apprentices to work more than eight hours.

651. Every person having a minor child under his control,
either as a ward or an apprentice, who, except In vinicultaral
•or horticultural pursuits, or in domestic or household occupa-
tions, requires such child to labor more than eight hours in any
one day, is guilty of a misdemeanor. ^

National Guard failure to attend parade, obey orders, etc

652. EiVery commissioned officer of the national guard who
wilfully fails to attend any parade or encampment, and every
member of the national guard who neglects or refuses to obey
the lawful command of his superior on any day of parage or
encampment, or to perform such military duty as may be law-
fully required of him, is punishable by a fine of not less than
five nor more than one hundred dollars.

Members of National Guard, Insubordination of.

663. Every member of the national guard who, when duly
notified, fails to appear at a parade, or who disobeys any law-
ful order, or who uses disrespectful language towards his
superior, or who commits any act of insubordination, is guilty
of a misdemeanor.

Appraisers accepting fees not allowed.

653^. Any appraiser, appointed by virtue of section one
thousand four hundred and forty-four of the Civil Code of Pro-
cedure, who shall accept any fees, reward, or compensation
other than that provided for by law, from any executor, admitt-
istrator, trustee, legatee, next of kin or heir of any decedent, or
fiom any other person, is guilty of a misdemeanor. [In effect
March 1, 1899. Stats. 1899, p. 35.]

Abuse of school teachers.

654. Every parent, guardian, or other person who upbraids,
insults, or abuses any teacher of the public schools, in the
presence or hearing of a pupil thereof, is guilty of a misde-
meanor. [New section approved March 30, 1874; Amendments
1873-4, p. 435. In effect July 1, 1874.]



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611 GENERAL PROVISIONS. 654-658

TITLE XVI.
GENERAL PROVISIONS.

Sec. 654. Acts made punishable by different provisions of this code.

650. Acts punishable under lorel^rn law.

656. Foreign conviction or acquittal.

^1. Contempt, how punishable.

6^8. Mitigation of punishment in certain cases.

f.~»9. Aiding In misdemeanor.

660. Sending letters, when deemed complete.

061. Removal from office for neglect of official duty.

662. Omission to perform duty, when punishable.

663. Attempts to commit crimes, when punishable.

664. Attempts to commit crimes, how punishable.

665. Restrictions upon thd preceding sections.

666. Second offense, how punished after conviction of former

offense.

667. Second offenses, how punished after conviction of attempt

to commit a state prison offense.

668. Foreign conviction for former offense.

669. Second term of Imprisonment, when to commence.

670. When term of imprisonment commences, etc.

671. Imprisonment for life.

672. Fine may be added to imprisonment.

673. Civil rights of convict suspended.

674. Civil death.

675. Limitations on two preceding sections.

676. Person of convict protected.

677. Forfeitures.

678. Valuation in gold coin.

670. Coercion or compulsion of persons seeking employment.

f^70a. Limiting sale of convict-made goods.

680. Payment of wages to employees In a saloon.

Acts made punishable by different provisions of this code.

654. An act or omission which is made punishable in differ-
ent ways by different provisions of this code may be punished
under either of such provisions, but in no case can It be pun-
ished under more than one; an acquittal or conviction and sen-
tence under either one bars a prosecution for the same act or
omission under any other. In the cases specified In sections
648, 667, and 668, the punishments therein prescribed
must be substituted for those prescribed for a fifst offense, if
the previous conviction is charged In the Indictment and found
by the Jury.

49 Cal. 396.

Acts punishable under foreign law.

655. An act or omission declared punishable by this code
Is not less so because It is also punishable under the laws of
another state, government, or country, unless the contrary Is
expressly declared.

Foreign conviction or acquittal.

656. Whenever on the trial of an accused person It appears
that upon a criminal prosecution under the la^s of another
state, government, or country, founded upon the act or omission
In respect to which he Is on trial, he has been acquitted or con-
victed, it Is a sufficient defense.

Contempt, how punishable.

657. A criminal act Is not the less punishable as a crime
because It Is also declared to be punishable as a contempt.

Mitigation of punishment in certain cases.

658. When It appears, at the time of passing sentence upon
a person convicted upon Indictment, that such person has already



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659-664 PENAL CODE. G12

paid a fine or suffered an imprisonment for the act Of which he
stands convicted, under an order adjudging it a contempt, the
court authorized to pass sentence may mitigate the punishment
to be imposed, in its discretion.

Aiding In misdemeanor.

659. Whenever an act is declared a misdemeanor, and no
punishment for counseling or aiding in the commission of each
act is expressly prescribed by law, every person who counsels
or aids another in the commission of such act is guilty of a
misdemeanor.

105 Cal. €44.

Sending letters, when deemed compiete.

660. In the various cases in which the sending of a letter
is made criminal by this code, the offense is deemed complete
from the time when such letter is deposited in any post-office
or any other place, or delivered to any person, with intent that
it shall be forwarded.

Removal from office for neglect of official duty.

661. In addition to the penalty affixed by express terms, to
every neglect or violation of official duty on the part of public
officers, state, county, city, or township, where it is not so
expressly provided, they may, in the discretion of the court, be
removed from office.

Omission to perform duty, when punishable.

662. No person is punishable for an omission to perform
an act, where such act has been performed by another person
acting in his behalf and competent by law to perform it.

Attempts to commit crimes, when punishable.

663. Any person may be convicted of an attempt to commit
a crime, although it appears on the trial that the crime intended
or attempted was perpetrated by such person in pursuance of
such attempt, unless the court, in its discretion, discharges the
jury and directs such person to be tried for such crime.

Attempts to commit crimes, how punishable.

664. Every person who attempts to commit any crime, but
fails, or is prevented or intercepted in the perpetration thereof,
is punishable, where no provision is made by law for the pun-
ishment of such attempts, as follows:

1. If the offense so attempted is punishable by imprisonment
in the state prison for five years, or more, or by imprisonment
in a county jail, the person guilty of such attempt is punish-
able by imprisonment in the state prison, or in a county Jail,
as the case may be, for a term not exceeding one-half the long-
est term of imprisonment prescribed upon a conviction of the
offense so attempted.

2. If the offense so attempted is punishable by imprisonment
in the state prison for any term less than five years, the person
guilty of such attempt is punishable by imprisonment in the
county Jail for not more than one year.

3. If the offense so attempted is punishable by a fine, the
offender convicted of such attempt is punishable by a fine not
exceeding one-half the largest fine which may be imposed upon
a conviction of the offense so attempted.

4. If the offense so attempted is punishable by imprisonment



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613 GEKI^BAJ. PROVISIONS. 665-^67

^nd by a flne» the offender convicted of such attempt m^y be
punished by both imprisonment and fine, not exceeding oi^e-half
the longest term of imprisonment and one-half the largest fine
which may be imposed upon a conviction for the offense so
attempted.

4» Cal. S98: 59 Cal. 428: 60 Cal. 7S: 67 Cal. 104;
7S Cal. €71: 98 Cal. 129.

AeMiioticns upon the preceding sections.

665. The last two sections do not protect a person who, Ui
attempting unsuccessfully to commit a crime, accomplishes the
commission of another and different crime, whether greater or
less in guilt, from suffering the punishment prescribed by law
for the crime committed.

Second offense, liow punished after conviction of former offense*

666. Every person who, having been convicted of any
offense punishable by imprisonment in the state prison, commits
any crime after such conviction, is punishable therefor, as fol-
lows:

1. If the offense of which such person is subsequently con-
victed is such that, upon a first conviction, an offender would be
punishable by imprisonment in the state prison for any term
exceeding five years, such person is punishable by imprison-
ment in the state prison not less than ten years.

2. If the subsequent offense is such that, upon a first con-
viction, the offender would be punishable by imprisonment in
the state prison for five years, or any less term, then the per-
son convicted of such subsequent offense is punishable by
imprisonment in the state prison not exceeding ten years.

3. If the subsequent conviction is for petit larceny, or any
attempt to commit an offense which, if committed, would be
punishable by imprisonment in the state prison not exceeding
five years, then the person convicted of such subsequent offense
is punishable by imprisonment in the state prison not exceed-
ing five years.

•^T Cal. 559; 64 Cal. 338; 65 Cal. 299; 87 Cal.
286: 88 Cal. 120; 88 Cal. 174; 110 Cal. 48; 118
CaJ. 389; 120 Cal. 272.

Second offenses, how punished after conviction of attempt to
commit a state prison offense.

667. Every person who, having been convicted of petit lar-
ceny, or of an attempt to commit an offense which, if perpe-
trated, would be punishable by imprisonment in the state prison,
commits any crime after such conviction, is punishable as fol-
lows:

1. If the subsequent offense is such that, upon a first con-
viction, the offender would be punishable by imprisonment in
the state prison for life, at the discretion of the court, such
person is punishable by imprisonment in such prison during
life.

2. If the subsequent offense is such that, upon a first con-
viction, the offender would be punishable by imprisonment in
the state prison for any term less than for life, such person is
punishable by imprisonment in such prison for the longest term
prescribed, upon a conviction for such first offense.

3. If the subsequent conviction is for petit larceny, or for an
attempt to commit an offense which, if perpetrated, would be
punishable by Imprisonment in the state prison, then such per-



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668-673 PENAL CODE. 614

son is punishable by imprisonment in such prison not exceed-
ing flvtt years.

47 Cal. 115: 49 Cal. 396; 61 Cal. 137; 61 Cal. 43$;
78 Cal. 442; 110 Cal. 43; 109 Cal. 297.

Foreign conviction for former offense.

668. Every person who has been convicted In any other state,
government, or country, of an offense which, if committed
within this state, would be punishable by the laws of this state
by imprisonment in the state prison, is punishable for any sub-
sequent crime committed within this state In the manner pre-
scribed in the last two sections, and to the same extent as If
such first conviction had taken place in a court of this state.

61 Cal. 436: 73 Cal. 443.

Second term of imprisonment, wlien to commence.

669. When any person is convicted of two or more crimes
before sentence nas been pronounced upon him for either, the
imprisonment to which he is sentenced upon the second or
other subsequent conviction must commence at the termination
of the first term of imprisonment to which he shall be adjudged,
or at the termination of the second or other subsequent term of
Imprisonment, as the case may be.

61 Cal. 439; 76 Cal. 519; 86 Cal. 429; 132 Cal 348. J i

When term of Imprisonment commences, etc

670. The term of imprisonment *fixed by the judgment In a
criminal action commences to run only upon the actual delivery
of the defendant at the place of imprisonment, and if there-
after, during such term, the defendant by any legal means Is
temporarily released from such imprisonment and subsequently
returned thereto, the time during which he was at large must
not be computed as part of such term.

t i 61 Cal. 436: 86 Cal. 429; 132 Cal. 347.

Imprisonment for life.

671. Whenever any person is declared punishable for a crime
by imprisonment in the state prison for a term not less than
any. specified number of years, and no limit to the duration of
such imprisonment is declared, the court authorized to pro-
nounce judgment upon such conviction may, in its discretion,
sentence such offender to imprisonment during his natural life,
or for any number of years not less than that prescribed.

61 Cal. 436: 6o Cal. 299; 98 Cal. 129; 118 Cal.
93; 123 Cal. 416; 124 Cal. 153; 131 Cal. 316.

Fine may be added to imprisonment

672. Upon a conviction for any crime punishable by impris-
omnent in any jail or prison, in relation to which nb fine Is
herein prescribed, the court may impose a fine on the offender
not exceeding two hundred dollars, in addition to the imprison-
ment prescribed.

Civil rights of convict suspended.

673. A sentence of imprisonment in a state prison for any
term less than for life suspends all the civil rights of the per*
son so sentenced, and forfeits all public offices and all prlTata
trusts, authority, or power during such imprisonment.

124 Cal. 565.



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616 GENERAL PROVISIONS. 674-679a

Ci^ll death.

674. A person sentenced to imprisonment in the state prison
for life is thereafter deemed civilly dead.

124 Cal. 566; 12& Cal. 419.

Limitations on two preceding sections.

675. The provisions of the last two preceding sections must
not be construed to render the persons therein mentioned income
petent as witnesses upon the trial of a criminal action or pro-
ceeding, or incapable of making and acknowledging a sale or
conveyance of property. [Amendment approved March 30, 1874;
Amendments 1873-4, p. 435. In effect July 1, 1874.]

124 Cal. 665; 12S Cal. 419.

Person of convict protected.

676. The person of a convict sentenced to imprisonment in
the state prison is under the protection of the law, and any injury
to his person, not authorized by law, is punishable in the same
manner as if he was not convicted or sentenced.

125 Cal. 419.

Forfeitures.

677. No conviction of any person for crime works any for-
feiture of any property, except in cases in which a forfeiture
is expressly imposed by law; and all forfeitures to the people
of this state, in the nature of a deodand, or where any person
shall flee from justice, are abolished.

124 Cal. 565; 125 Cal. 420.

Valuation in gold coin.

678. Whenever in this code the character or grade of an
offense, or its punishment, is made to depend upon the value
of property, such value shall be estimated exclusively in
United States gold coin. [New section approved March 80,
1874; Amendments 1873-4, p. 435. In effect July 1, 1874.]

181 Cal. 234.

Coercion or compulsion of persons seelcing employment.

679. Any person or corporation within this state, or agent or
officer on behalf of such person or corporation, who shall here-
after coerce or compel any person or persons to enter into an
agreement, either written or verbal, not to join or become a
member of any labor organization, as a condition of such person
or persons securing employment or continuing in the employ-
ment of any such person or corporation, shall be guilty of a
misdemetnor. [New section approved March 11, 1893; Stats.
1893, p. 176.]

Limiting sale of convict-made goods.

679a. 1. It shall be unlawful for any person to sell, expose
for sale, or offer for sale within this state, any article or articles
manufactured wholly or in part by convict or other prison
labor, except articles the sale of which is specifically sanctioned
by law.

2. Every person selling, exposing for sale, or offering for
sale any article manufactured in this state wholly or in part
by convict or other prison labor, the sale of which is not spe-
cifically sanctioned by law, shall be guilty of a misdemeanor.
{Stats. 1901, p. 326.]



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%60 PSNAL OOPK. 616

Payment of wages to employees in a saloon. «

680. Brery peraon wbo shall pay any employee his wages,
or any part thereof, while such employee is in any saloon, bar-
room, or other place where intoxicating liquors are sold at
retail, unless said employee is employed in such saloon, bar-
room, or such other place where intozlcatiDg liquors are sold,
flhall be deemed guilty of a misdemeanor. [Stats. 1901, p. 660.]



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PART II.



OF CRIMINAL PROCEDURE.



PRELIMINARY PROVISIONS.

Sec. 681. No person punishable bnt on legal conviction.

682. Public offenses, bow proseonted.

683. Criminal action defined.

084. Parties to a criminal action.

683. The party prosecuted known as defendant.

686. Rights of defendant in a criminal action.

687. Second prosecution for the same offense prohibited.

688. No person to be a witness against himself In a criminal

action, or to be unnecessarily restrained.

689. N6 person to be convicted but upon verdict or Judgment.

No person punishable but on legal conviction.

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

68 Cal. ia>.

Public offenses, how prosecuted.

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

1. Where proceedings are had for the removal of civil officers
of the state;

2. Offenses arising in the militia when in actual service, and
in the land and naval forces in time of war, or which the state
may keep, with the consent of congress, in time of peace;

3. Offenses tried in justices' and police courts. [Amendment
approved April 9, 1880; Amendments 1880, p. 10. In effect April
9, 1880.]

58 Cal. 413; 57 C&I. 561: 108 Cal. 663; 109 Cal.
450; 111 Cal. 240.

Criminal action defined.

683. The proceeding by which a party charged with a pub-
lic offense is accused and brought to trial and punishment, is
known as a criminal action.

Parties to a criminal action.

684. A criminal action is prosecuted in the name of the peo-
ple of the state of California, as a party, against the person
charged with the offense.

61 Cal. 58; 111 Cal. 241.

The party prosecuted known as defendant.

685. The party prosecuted in a criminal action is designated
in this code as the defendant.



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686-689 PENAL CODE. 618

Rights of defendant in a criminal action.



Online LibraryCalifornia Charles Howard FairallCriminal law and procedure of California including the penal code of California → online text (page 54 of 77)