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or anything so offered to the public, or concerning any cir-
cumstance or matter of fact connected in any way, directl)'
or indirectly, w^ith the proposed sale, performance or disposi-
tion thereof, which statement, representation or assertion
is false or untrue, in any respect, or which is deceptive or
misleading, and which is known, or which by the exercise
of reasonable care should be known, to be false or untrue,
deceptive or misleading, by the person, firm, corporation
or association making, publishing, disseminating, circulating
or placing before the public said advertisement, shall be
guilty of a misdemeanor; provided, however, that this act
shall not apply to any publisher of a newspaper, magazine,
or other publication, who publishes said advertisement in
good faith, without knowledge of its false, deceptive, or mis-
leading character.

History: Enacted March 18, 1905, Stats, and Amdts. 1905, p.
228; amended June 1, 1915, Stats, and Amdts. 1915. p. 1252. In
fflfeet August 8, 1915.



§654b. FALSE ADVERTISEMENTS CONCERNING
REAL ESTATE. A MISDEMEANOR. Any person, firm,
corporation or association, or any employee or agent there-
for, who in newspaper, circular, or form letter or other pub-
lication published or circulated in any language in this state,
makes or disseminates any statement or assertion of fact,
concerning the extent, location, ownership, title or other
characteristic, quality or attribute of any real estate located
in this state or elsewhere, which is known to him to be un-
true and which is made or disseminated with the intention
of misleading, is guilty of a misdemeanor; provided, how-
ever, that nothing in this section shall be construed to hold
the publisher of any newspaper, or any job printer, liable
for anj' publication herein referred to unless such publisher

406



654c. [New.] Advertising Second- Hand or Defective Mer-
chandise Without Indicating Character, a Misdemeanor. It shall
he unlawful for any person, firm, or corporation, in any news-
paper, magazine, circular, form letter or any open publication,
published, distributed or circulated in the State of California or
on any billboard, card, label or other advertising medium, or by
means of any other advertising device, to advertise, call attention,
to or give publicity to the sale of any merchandise, which mer-
chandise is second-hand or used merchandise, or which merchan-
dise is defective in any manner, or which inerchandise consists
or articles or units or parts known as "seconds," or blemished
merchandise, or which merchandise has been rejected by the man-
ufacturer thereof as not first-class, unless there be conspicuously
displayed directly in connection with the name and description
of such merchandise and each specified article, unit or part
thereof, a direct and unequivocal statement, phrase, or word
which will clearly indicate that such merchandise or each article,
unit or part thereof so advertised is second-hand, used, defective,
or consists of "seconds" or is blemished merchandise, or has
been rejected by the manufacturer thereof, as the fact shall be.

Any person, firm or corporation who shall violate any of the
provisions of this statute shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a fine of not to
exceed five hundred (500) dollars, or by imprisonment in the
county jail for not more than six (6) months, or by both such
fine and imprisonment. (In effect 90 days from and after April
29, 1921. Stats. 1921, Chap. 91.) Penal Code, 1921.



Tit.XVI.] FOREIGN LAW, ETC. §§655-658

or printer has an interest either as owner or agent, in such
real estate so advertised.

History: Enactment approved June 1. 1915, Stats, and Amdts.
1915, p. 1027. In effect August 8, 1915.

§655. ACTS PUNISHABLE UNDER FOREIGN LAW.

An act or omission declared punishable by this code is not
less so because it is also punishable under the laws of an-
other state, government, or country, unless the contrary is
expressly declared.

History: Enacted February 14, 1S72.

§656. FOREIGN CONVICTION OR ACQUITTAL.

Whenever on the trial of an accused person it appears that
upon a criminal prosecution under the laws of another
state, government, or country, founded upon the act or omis-
sion in respect to which he is on trial, he has been acquitted
or convicted, it is a sufficient defense.

Hi.story: Enacted February 14, 1S7L'.

§657. CONTEMPTS, HOW PUNISHABLE. A crim-
inal act is not the less punishable as a crime because it is
also declared to be punishable as a contempt.

History: Enacted February 14, 1872.

§658. MITIGATION OF PUNISHMENT IN CER-
TAIN CASES. When it appears, at the time of passing sen-
tence upon a person convicted upon indictment, that such
person has already 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 sen-
tence may mitigate the punishment to be imposed, in its dis-
cretion.

History: Enacted February 14, 1872.

407



§§059-603 I'KXAi. ('Oi)i.:. I I'll

§659. AIDING IN MISDEMEANOR. Whenever an act
is declared a misdemeanor, and no punishment for counsel-
ing or aiding in the commission of such act is expressly pre-
scribed by law, every person who counsels or aids another
in the commission of such act is guilty of a misdemeanor.

Ill.story: Knacted I-^ebruary 14, 1872.

§660. SENDING LETTERS, WHEN DEEMED COM-
PLETE. In the various cases in which the sending of a let-
ter is made criminal by this code, the ofifense is deemed com-
plete from the time when such letter is deposited in any post-
office or any other place, or delivered to any person, with in-
tent that it shall be forwarded.

Ili.stor.v: Enacted February 14, 1872.

§661. REMOVAL FROM OFFICE FOR VIOLATION
OR NEGLECT OF OFFICIAL DUTY BY PUBLIC OF-
FICERS. 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.

Ilisiory: Knacted ]'>bruary 14, 1872.

§662. OMISSION TO PERFORM DUTY, WHEN
PUNISHABLE. Xo 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.

Hixtory: Enacted I'^ebruary 14, 1872.

§663. ATTEMPTS TO COMMIT CRIMES, WHEN
PUNISHABLE. Any person may be convicted of an at-
tempt to commit a crime, although it appears on the trial

408



Tit. XVI.] ATTEMPTS TO COMMIT CRIME. §664

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 per-
son to be tried for such crime.

History: Enacted February 14, 1S7L', founded on Stats. 14 and
15, Vict. c. 100, § 9.

§664. ATTEMPTS TO COMMIT CRIMES, HOW
PUNISHABLE. 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 punishment of such attempts, as fol-
lows:

1. If the offense so attempted is punishable by imprison-
ment in the state prison for five years, or more, or by im-
prisonment in a county jail, the person guilty of such at-
tempt is punishable by imprisonment in the state prison, or
in a county jail, as the case may be, for a term not exceed-
ing one half the longest term of imprisonment prescribed
upon a conviction of the offense so attempted.

2. If the offense so attempted is punishable by imprison-
ment in the state prison for any term less than five years,
the person guilty of such attempt is punishable by imprison-
ment 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 im-
posed upon a conviction of the offense so attempted.

4. If the offense so attempted is punishable by imprison-
ment and by a fine, the offender convicted of such attempt
may be punished by both imprisonment and fine, not ex-
ceeding one half the longest term of imprisonment and one
half the largest fine which may be imposed upon a conviction
for the offense so attempted.

IliNtory: Enacted February 14, 1S72.

409



§§Oo5-()()7 I'KNAI. rODR. |l-t.l.

§665. RESTRICTIONS UPON THE PRECEDING
SECTIONS. The last two sections do not protect a per-
son who, in attempting unsuccessfully to commit a crime,
accomplishes the commission of another and different crime,
whether greater or less in guilt, from suffering the punish-
ment prescribed by law for the crime committed.

Hlxtory: Enacted February 14, 1872.

§666. SECOND OFFENSE, AFTER CONVICTION
OF FIRST OFFENSE. Every person who, having been
convicted of petty larceny and having served a term there-
for in any penal institution, commits any crime after such
conviction, is punishable therefor as follows:

1. If the offense of which such person is subsequently con-
victed is such that, upon a hrst conviction, an offender would
be punishable by imprisonment in the state prison for any
term exceeding five years, such person is punishable by im-
prisonment 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
person convicted of such subsequent offense is punishable by
imprisonment in the state prison not exceeding ten years.

3. If the subsequent conviction is for petty larceny then
the person convicted of such subsequent offense is punish-
able by imprisonment in the state prison not exceeding five
years.

History: Enacted February 14, 1872; amended -March 19, 1903,
Stats, and Amdts. 1903, pp. 107, 108; March 21, 1905, Stats, and
Amdts. 1905, pp. 667, 668; March 13, 1909, Stats, and Amdts.
1909, p. 360.

§667. SAME. PUNISHMENT FOR. Every person
who, having been convicted of any offense punishable by
imprisonment in the state prison, and having served a term

410



Tit.XVI.] FOREIGN CONVICTION. 5 668

therefor in any penal institution, commits any crime after
such conviction, is punishable therefor as follows:

1. If the offense of which such person is subsequently con-
victed is such that, upon a first conviction, an ofifender would
be punishable by imprisonment in the state prison, such per-
son is punishable by imprisonment in the state prison for
the maximum period for which he might have been sen-
tenced, if such offense had been his first offense.

2. If the subsequent conviction is for petty larceny, then
the person convicted of such subsequent offense is punish-
able bj" imprisonment in the state prison not exceeding five
years.

[Parole — Not to be affected by.] Provided, however, that
any person who has been, or who shall hereafter be, sen-
tenced to the state prison shall be subject to parole by the
state board of prison directors, under the restrictions now
provided by law for the parole of first term prisoners, any
act to the contrary notwithstanding.

History: Former Section relating to second offenses, how pun-
ished after conviction of attempt to commit ^ state's prison of-
fense, enacted February 14, 1872; repealed March 9, 1903, Stats,
and Amdts. 1903, p. 108; present section enacted March 13, 1909,
Stats, and Amdts. 1909, p. 364.



§668. FOREIGN CONVICTION FOR FORMER OF-
FENSE. Every person who has been convicted in any other
state, government, or country, of an offense which, if com-
mitted within this state, would be punishable by the laws of
this state, by imprisonment in the state prison, is punish-
able for any subsequent crime committed within this state in
the manner prescribed in the last two sections, and to the
same extent as if such first conviction had taken place in a
court of this state.

History: lOnacted February 14, J 872.

411



is §(,(,» ).„;_' iMOXAi- rooio. [l^tl.

!;669. SECOND TERM OF IMPRISONMENT, WHEN
TO COMMENCE. \\'lR'n any person is convicted of two
or more crimes before sentence has been pronounced upon
liim for cither, the imprisonment to which he is sentenced
iil>on the second or other subsequent conviction must com-
mence 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.

liiMlory: Enacted February 14, 1872.

§670. WHEN TERM OF IMPRISONMENT COM-
MENCES, ETC. 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 impris-
onment, arid if thereafter, during such term, the defendant by
any legal means is temporarily released from such imprison-
ment and subsequently returned thereto, the time during
wliich he was at large must not be computed as part of such
term.

History: Enacted February 14, 1872.

§671. IMPRISONMENT FOR LIFE. Whenever any
person is declared punis!ial)Ie for a crime by imprisonment
in the state 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 pronounce judgment upon
such conviction may, in its discretion, sentence such oflfender
to imprisonment during his natural life, or for any number
of years not less than that prescribed.

Hi.slor.v: Enacted l->bi-ii;n\- II, I STL'.

§672. FINE MAY BE ADDED TO IMPRISONMENT.

Upon a conviction for any crime punishable by imprison-
ment in any jail or prison, in relation to which no fine is

412



6T3. Civil Rights of Convicts; Effect of Parole; Duty of
Board of Prison Directors. A sentence of imprisonment in a
Stat! prison for any term less [than life] suspends all the civil
rights of the person so sentenced, and forfeits all public offlces
and all private trusts, authority, or power during such impris-
rinnient[; provided, however, that in any such cases, if the person
so sentenced be liberated from prison by parole under the terms
ani conditions of the parole laws of this state, that the board
of prison directors or such other officials o-r official having power
to grant paroles may permit to such person so paroled, civil
rights, other than the right to act as a trustee, or hold public
office, or exercise the privilege of an electar, during the term
of such parole. The scope or extent of such civil rights shall
be determined by such board of directors or other officials hav-
ing control of such paroled person, either at the time the parole
is granted or at such other time as, in the judgment of such
board or official, is for the best interest of society and such
paroled person.

[The board of directors or other official having control of the
matter of paroles shall, at the time of permitting such civil
rights, make a permanent record thereof, and give such paroled
person a duly authenticated copy of such order or orders, and
such record shall be a public record for the benefit of all per-
sons requiring information in that behalf.] (In effect 90 days
from and after April -12, 1919. Stats. 1919, Chap. 28.)

Penal Code, 1919.

674. Civil Death; Effect of Parole on; Duty of Board of
Prison Directors. A person sentenced to imprisonment in the
-state pri.son for life is thereafter deemed civilly dead[; pro-
vided, however, that in any such cases, if the person so sen-
tenced be liberated from prison by parole under the terms and
conditions of the parole laws of this state, the board of prison
directors, or such other officials or official having power to
grant paroles may permit to such person so paroled, civil rights,
other than the right to act as a trustee, or hold public office,
or exercise the privilege of an elector, during the term of such
parole. The scope or extent of such civil rights shall be deter-
mined by such board of directors or other officials having con-
trol of such paroled person, either at the time the parole Is
granted or at such other time as, in the judgment of such board
or other official, is for the best interest of society and such
paroled person. The board of directors, or other official having
control of the matter of paroles, shall, at the time of permitting
such civil rights, make a permanent record thereof, and give
such paroled person a duly authenticated copy of such order or
orders, and such record shall be a public record for the benefit
of all persons requiring information in that behalf.l (In effect
!'0 days from and after April 22, 1919. .Stats. 1919, Chap. 29.)

Penal Code, 1919.



Tit. XVI.] CIVIL RIGHTS OF CONVICT. §§673-677

herein prescribed, the court may impose a fine on the offen-
der not exceeding two hundred dollars, in addition to the
imprisonment prescribed.

History: Enacted February 14, 1872.

§673. CIVIL RIGHTS OF CONVICT SUSPENDED.

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

History: Enacted February 14, 1872.

§ 674. CIVIL DEATH. A person sentenced to imprison-
ment in the state prison for life is thereafter deemed civilly
dead.

History: Enacted February 14, 1872.

§675. LIMITATIONS OF [ON] THE TWO PRECED-
ING SECTIONS. The provisions of the last two preceding
sections must not be construed to render the persons therein
mentioned incompetent as witnesses upon the trial of a crim-
inal action or proceeding, or incapable of making and
acknowledging a sale or conveyance of property.

History: Enacted February 14, 1872 amended March 30, 1874,
Code Amdts. 1873-4, p. 435.

§676. PERSON OF CONVICT PROTECTED. The

■person of a convict sentenced to im])risonment in tlie state
prison is under the protection of the law, and any injury to
lis person, not authorized by law, is ])unis]iable in the same

. nanner as if he was not convicted or sentenced.

History: ICnaclcd l'Vl)ruary 14, 1872.

§ 677. FORFEITURES. No conviction of any person
■r crime works any forfeiture of anj- property, except in

413



§§078-670a I'KXAL CODE. [Pt.I.

cases in wliicli 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.

History: Enacted February 14, 1872, founded on New York
Penal Code 1S52, Stats. 1852, pp. 272 et seq.

§678. VALUES TO BE IN GOLD COIN. Whenever
in this code the character or grade of an offense, or its pun-
ishment, is made to depend upon the value of property, such
value shall be estimated exclusively in United States gold
coin.

History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 435.

S679. COERCION OR COMPULSION OF PERSONS
SEEKING EMPLOYMENT A MISDEMEANOR. Any
person or corporation within this state, or agent or officer on
behalf of such person or corporation, who shall hereafter
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
employment of any such person or corporation, shall be
guilty of a misdemeanor.

History: Enacted March 14, 1893, Stats, and Amdts. 1893, p.
176.

S679a. LIMITING SALE OF CONVICT-MADE.

GOODS. 1. It shall be unlawful for any person to sell, ex-
pose 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 specificall>
sanctioned by law.

2. Every person selling, exposing for sale, or offering for
sale any article manufactured in this state wholly or in part

414



1



Tit.XVL] PAYMENT, ETC., IN SALOOxN. §§680,681 [680a]

by convict or other prison labor, the sale of which is not
specifically sanctioned by law, shall be guilty of a misde-
meanor.

History: Enacted March 16, 1901, Stats, and Amdts. 1900-1, p.
326.

§680. PAYMENT OF WAGES TO EMPLOYEES IN
A SALOON OR BAR-ROOM. Every person who shall pay
any -employee his wages, or any part thereof, while such em-
ployee is in any saloon, bar-room, or other place where in-
toxicating liquors are sold at retail, unless said employee is
employed in such saloon, bar-room, or such other place
where intoxicating liquors are sold, shall be deemed guilty
of a misdemeanor.

History: Enacted March 23, 1901, Stats, and Amdts. 1900-1, p.
660.

§681 [§ 680a]. CRUEL PUNISHMENT IN PRISONS
PROHIBITED. It shall be unlawful to use in the prisons
or reformatory institutions of this state any cruel or un-
usual punishments; and punishment by the use of the
straight-jacket, gag, thumb-screw, shower bath, or the tric-
ing-up of prisoners is hereby prohibited.

History: Enacted June 16, 1913, Stats, and Amdts. 1913, p.
1010. In effect August 10, 1913.

Kditoriul Note: The numbering of this section was a mani-
fest blunder on the part of tlie legislature, which should have
numbered it § 680a, for tlie reason that Part II of the Penal
Code, immediately following title XVI, commences with § 681.
The title to the act recites: "An act to add a new section to
the Penal Code of California, under title sixteen thereof^" etc.
The section would have been more appropriately placed under
Part II, under "Preliminary Provisions," and numbered § 681a.



415



PART II.

OF CRIMINAL PROCEDURE
Preliminary Provisions, §§ 681-689.
Title I. Of the prevention of Public Offenses, §§692-734.
II. Of Judicial Proceedings for the Removal of Public
Officers by Impeachment or Otherwise, §§ IZl-
772.

III. Of the Proceedings in Criminal Actions Prosecuted

by Indictment, to the Commitment, Inclusive,
§§ 111-^2,.

IV. Of Proceedings after Commitment and before In-

dictment, §§888-930.
V. Of the Indictment, §§940-972.
VI. Of Pleadings and Proceedings after Indictment
and before the Commencement of the Trial,
§§ 976-1053.
VII. Of Proceedings after the Commencement of the
Trial and before Judgment, §§1055-1188.
VIII. Of Judgment and Execution, §§1191-1230.

IX. Of Appeals to the Supreme Court, §§ 1235-1265.
X. Miscellaneous Proceedings, §§ 1268-1423.
XI. Of Proceedings in Justices' and 'Police Courts and

Appeals to the County Court, §§ 1425-1470.
XII. Of Special Proceedings of a Criminal Nature,
§§ 1473-1564.

XIII. Proceedings for Bringing Persons Imprisoned in

the State Prison, or the Jail of Another
County, before a Court, § 1567.

XIV. Disposition of Fines and Forfeitures, § 1570.

14 417



Prelim. Provs.] PUNISHMENT WHEN. §§681,682



PRELIMINARY PROVISIONS

§ 681. No person punishable but on legal conviction.

§ 682. Public offenses, hoTV prosecuted.

§ 683. Criminal action defined.

§ 684. Parties to a criminal action.

§ 685. The party prosecuted known as defendant.

§ 686. Rig-hts of defendant in a criminal action.

§ 687. Second prosecution for the same offense prohibited.

§ 688. No person to be a witness ag'ainst himself in a criminal

action, or to be unnecessarily restrained.

8 689. No person to be convicted but upon verdict or judgment.

§681. NO PERSON PUNISHABLE BUT ON LEGAL
CONVICTION. No person can be punished for a public
offense, except upon a legal conviction in a court having
jurisdiction thereof.

History: Enacted February 14, 1872, re-enactment of § 6
Criminal Practice Act 1851, Stats. 1851, p. 212.

§682. PUBLIC OFFENSES, HOW PROSECUTED.

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 the tim.e 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;

4. All misdemeanors of which jurisdiction has been con-
ferred upon superior courts sitting as juvenile courts.

History'; Enacted liebruary 14, 1872; amended April 9, 1880,
Code Amdts. 1880 (Pen. C. pt.), p. 10; February 21, 1911, Stats,
and Amdts. 1911, p. 68.

419



§§()83-OSo PKNAL CODE. ll't.ll.

§683. CRIMINAL ACTION DEFINED. The proceed-
\wj: l>y wliich a party cliarged with a public offense is ac-
cused and brought to trial and punishment, is known as a



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