The codes of California as amended and in force at the close of the Forty-first session of the Legislature, 1915 (Volume 4 Penal Code) online

. (page 74 of 87)
Online LibraryCaliforniaThe codes of California as amended and in force at the close of the Forty-first session of the Legislature, 1915 (Volume 4 Penal Code) → online text (page 74 of 87)
Font size
QR-code for this ebook


[References are to sections.]

KLECTION (continued).

aiding and abetting election laws, penalty,

association, bribery of delegate from, penalty, 54, 54b.
ballot-box, officer aiding in wrongfully placing or removing

ballots, penalty, 45.


adding to, penalty, 48.

carrying away or destroying, penalty, 45.

changing by election officers, penalty, 48.

false, printing or circulating, a misdemeanor, 62.

fraudulent examination of, by officer, penalty, 49.

fraudulent introduction of, penalty, 45, 48.

interfering with, penalty, 45.

mixing, penalty, 48.


aiding in changing, destroying, removing, etc., penalty,

tampering with, a, penalty, 57a.
tampering with, a felony, 45.
betting on, penalty, 60.
between counts in an indictment, 954.
board of

person on, not conversant with English language, 49a.
refusal to act on, penalty, 49a.

refusal to be sworn by or answer questions of, penalty, 43.
refusal to obey summons of, penalty, 44.
boarding voters, 54b.

bribe, receiving by members of nominating convention, pen-
alty, 57.
bribery. See tits. Bribe; Bribery.
as to, generally, 54, 54a, 54b, 55.
at, penalty, 54, 54a, 54b.
at, what acts punishable, 54, 54b.
electors, 53.

members of committee, etc., penalty for giving or re-
ceiving, 57.
of members of legislative caucuses, 57.
of members of nominating body, penalty, 53.
repayment of money expended in, 54a.

bribe to member of convention, etc., penalty for giving or

receiving, 57.
bribery by, penalty, 54, o4b.


[References are to sections.]

ELECTION (continued).
<>nudidate (continued)

for legislative body, soliciting or demanding his vote for or
against a measure, 55a.

gifts or promises by, penalty, 54b.

inducing to withdraw, 54b.

offenses by

enumerated, 54, 54b.
penalty for, 54, 54b.

payment, etc., in consideration of being selected as, 54.

pledge by, penalty, 55a.

pledge to convention or nominating body, 552.

soliciting vote of, penalty, 55a.
caucuses, bribery of members of, penalty, 57.
circulars intended to injure candidate, penalty, 62a.
club, bribery of delegate from, penalty, 54b.
communicating unlawful offer to voter, penalty, 56.
contracting for anything of value for voting or not voting,

penalty, 54b.
contributing anything of value for voting or not voting.

penalty, 54b.
convention, bribery of

delegates to, 57.

members of, penalty, 57.

receiving gift in connection with candidacy, penally, 54a.
corporation influencing employees in voting, penalty, 59.
corrupting electors, penalty, &3.
counts in an indictment, between, 954.
deceiving electors, penalty, 53.
defrauding electors, penalty, 53.

delegates to nominating convention, rewai-d to, jienalt.x', 57.
(li.«turbing, a misdemeanor, 58.
dure.s.s of voters, penalty, 59.

influencing employees in voting, iienalty, 59.

shall not inclose wages in "pay-envelopes" witli cortaiii
matter, etc., 59.
employment as consideration to vote or not vote, penalty,

54 b.
English language, inability to understand oi- \vrlt<>, effect ii?i

eligibility as election officer, 49a.
false registration, penalty, 42.
forging or altering returns, penalty, 50.
furnishing entertainment for electors, penalty, 54.
furnishing money for, a misdemeanor when, 54.
furnishing property for, a misdemeanor when, 54.


[References are to sections.]

KLECTION (continued).

gifts to voters, penalty, .T4b.

indictment, between counts or offenses in, 954.

inspectors, unfolding or marking tickets, penalty, 10.

intimidating- voters, penalty, 53.


of employees by employer, penalty, 59.

of voters, penalty, 59.
intoxicants, furnishing on election-day, penalty, 6:!b.


bribery of candidate for, by candidate for United States

Senate, penalty, 63.
bribery of members of, by candidate for United States

Senate, penalty, 63.
evidence of bribery of members of, by United. States Sena-
tor, 63.
letters intended to injure candidate, penalty, 62a.
liquors, furnishing, on election-day, penalty, 63b.
loan to voter for voting or not voting, penalty, 54b.
marking ballot by officer, penalty, 49. (

meeting of electors, disturbing, a misdemeanor, 58.
member of nominating convention, general, bribery of, pen-
alty, 57.
nomination, receiving gift in connection with, penalty, 54a.
offer to voter, communicating, penalty, 56.

offer of, to voter, penalty, 54b.

offering to procure positions for electors, penalty, 55.


attempting to find names on ballots, penalty, 49.

bribing, deceiving, or defrauding electors, penalty, 33.

disclosing name of person voted for, penalty, 49.

fraudulent acts of, penalty, 41.

interfering with, penalty, 45.

neglect or refusal to act, penalty, 41.

not conversant with English language, effect on eligibility

of, 49a.
persons acting as, without appointment, penalty, 40.
refusal to act as, penalty, 41.
tampering: ^vith

ballots, penalty, 48, 49, 50, 51.

poll-lists, penalty, 57a.
violation of election laws by persons not, penalty, 61.
pamphlets intended to injure candidate, penalty, 62a.



[References are to sections.]

ELECTION (continued).

"pay-envelopes," employer shall not inclose wages in certain,

personating' voter, penalty, 46.

persons not officers violating- election laws, penalty, 61.

carrying away, penalty, 4 5, 48.
destroying, penalty, 4 5, 4 8.
interfering with, a felony, 45.

aiding in changing or destroying", penalty, 57a.
tampering with, penalty, 57a.
poster intended to injure candidate, iiciialty, 62a.

bribing members, penalty, 57.
code sections applicable to, 64i/4.

promising or contributing anything of value for votinj?
or not voting, penalty, 54b.
public meeting, preventing, penalty, 58.
receiving or contracting for anything of value for voting or

not voting, penalty, 54b.
refraining: from voting

agreement for, penalty, 54b.
through intimidation, 59.

of officer to act, penalty, 49a.

to be sworn by or to answer ((uestions of board, penalt.v, 4.1.
to obey summons of board, penalty, 44.
registered, procuring disqualified persons to be, iienalty, 4:i.

penalty for, 42.

permitting, by another, penalty, 42a.
fraudulent, penalty for, 42a.

adding to or subtracting from, penalty, 51.
altering, by election officer, penalty, 45, 48.
altering, penalty, 50.
forging or altering, penalty, 45, 50.
senator, advancing money by candidate for I'nitiMl .states

Senate, penalty, 6.3.
society, bribery of delegate from, penalty, 541j.
ticket, printing illegal, a misdemeanor, 62a.


[References are to sections.]

KLECTIOX (continued).

circulating such as do not conform to law, penalty, 62.

violation of election laws as to, penalty, 62.
violation of election laws by person.s not officers, penalty, 61.
vote, attempting- to, without being qualified, penaltj', 46.

bribery of, penalty, 54a, 54b.

gift or promise to, making-, penalty for, 54b.

interfering with, penalty, 45.

intimidating, corrupting, deceiving, etc., a felony, 53.

oft'enses by

enumerated, 54a, 54b.
penalty for, 54a, 54b.
votes, adding to or subtracting from, penalty, 51.

attempting to, without being qualified, penalty, 46.

fraudulent attempt to, penalty, 46.

fraudulent, penalty, 45.

more than once, penalty, 45, 46.

personating voters, penalty, 46.

persuading another to, fraudulently, penalty, 47.

procuring illegal, penalty, 47.

receiving gifts in connection with, penalty, 54a.
witness in election cases

exempt from prosecution, 64.

incriminating testimony, 64.

refusal to be sworn by or answer questions of, a misde-
meanor, 43.
ELECTIOX LiAAVS. See tits. Crimes Against Election Laws;

adding to or subtracting from votes cast, penalty for, 51.
aiding or abetting in concealing- offenses, a felony, 52.
allowing fraudulent registration, penalty, 42a.
attempting to vote, -without being qualified, a felony, 46.
betting on elections, a misdemeanor, 60.
bribing members of legislative caucuses, a felony, 57.
candidate for United States Senate must not give pecuniary

aid to legislative candidate, 63.
changing ballots, etc., by election officers, a felony, 48.
circulating anonymous circulars referring to political can-
didates, a misdemeanor, 62a.
communicating unla-wful offer to vote, a misdemeanor, 56.


[References are to sections.]

KLECTIOX LAWS (continued).

contracting for any money or thing- of v.ilue for voting- or

not voting-, penalty, 54b.
corporation amenable to election law.s, TiO.
corrupting voters, a felony, 53.
deceiving voters, a felony, 53.
defrauding voters, a felony, 53.
demanding that candidate shall vote for or against a certan.

measure, a misdemeanor, 55a.
election officers acting without being qualified, penalty, 40.
force used to influence voter, a misdemeanor, 59.
forging or altering returns, a felony, 50.
fraudulent registration, penalty, 42.
furnishing money for elections, a misdemeanor, 54.
intimidating voters, a felony, 53.
members of legislature accepting valuable consideration,

no prosecution against witnesses testifying in election

cases, 64.
offer to bribe member of legislative caucus, a felony, 57.
officer o£ electiou

aiding in wrong-doing, penalty, 57a.

not able to read or write Bnglisli, effect on eligibility, 49.
unfolding, etc., ballots, a misdemeanor, 49.
"pay-envelopes" with mottoes prohibited, 59.
penalty for refusal to serve as an officer at elections, 49a.
preventing public meetings, a misdemeanor, 58.
primary elections. See tit. Primary Elleetion.
as to punishment of offenses against, 64 ',4.
printer to put Imprint on printed matter, failure, misde-
meanor, 62b.
procuring illegal voting, misdemeanor, 47.
promising to contribute any money or valuable thing for

voting- or not voting, penalty, 54b.
receiving any money, etc., for voting or not voting, felony,

refusal to be sworn or answer any questions, a misdemeanor,

refusal to obey summons of board, a misdemeanor, 44.
restraint used to influence vote, a misdemeanor, 59.
sale of intoxicants on election-day, a misdemeanor, 63b.
soliciting candidate to vote for or against any measure, a

misdemeanor, 55a.
threatening handbill, placard, or notices in workshops, pon-

alty, 59.



LReferences are to sections. |

lU.ECTION LAWS (continued).

unlawful offers to procure offices for electors, a misde-
meanor, 55.
violation of, as to tickets, a misdemeanor, G2.
by certain officers, a felony, 41.
by person not an officer, penalty, 61.
violence used to influence vote, a misdemeanor, 59.
voting without being- qualified, penalty, 45.
ELECTIOX OFFICER. See tit. Election Laws.

unqualified person acting as, penalty, 40.
altering, a felony, 48, 50.
forging, a felony, 50.
ELECTOR. See tit. Elections.

interfering with, penalty, 498, 499a.

interfering with, penalty, 593.
malicious injury to, penalty, 593.

larceny of, 4 99a.

killing of, a felony, 599f.
license to raise as a business, 631d.

injuring or destroying, penalty, 607.
EMBEZZLEMENT. See tit. Stolen op EmbeKxIed Property.
accounts amounting to, 424.
agent, by, 506, 508.

allegations of, sustained, when, 1131.
assignee in trust, when, guilty of, 506.

association, officers, agents, etc., of, guilty of, when, 504.
attorney, by, 506.
bailee, by, 507.

banker, trustee, etc., guilty of, when, 506.
bailee, tenant, or lodger, when, 507.
evidence, 507, 1119.

embezzled property into state, 497.
stolen property into state, 27.
broker. See "agent," this title.

by, 506.

commits, when, 505.

or other person guilty of, when, 505.


[References are to s-ietions.]

EMBEZZLEMENT (continued).
claim of title jeround of defense

as to, generally, 511.
clerk. See "agent," this title.

by a, 508.
collector, when guilty of, 506.

agent of, when guilty of, 504.

officer or agent of, when guilt.v (jf, 504.
county treasurer, delivery of iinclaimed property to, 1411.
custody of the property by peace-officer, 1407.
definition of, 503.

delivery of property to owner, 1408, 1409.
distinct act of taking, 509.
evidence competent and admisMihle

debt or right ,of action, value of, 514.

of debt undelivered, may be subject of, 510.

to prove, 1131.
executor, by, 506.

indictment or information, requisites and sufficiency of, 967.
intent to restore property, no defense, 512.

when offense committed out of state and goods brought
within, 789.

when property brought into county, 786.
limitation of action for, 799.
lodger, by, 507.

merchant, when guilty of, 506.

of public moneys, no limitation of prosecution for, 709.

appropriation of money bi,-, 424.

guilty of, when, 504.

loaning or making profit out of public moneys, 424.

of state or association, guilty of, when, 504.

omission of public officer to pay over mone.v, 4 25.

out of state, and property brought within state, j7.

proof on trial for. See "evidence" this titV'.
property and money talcen from prisoner

entry of record of, in book, 1412.

receipt for, 1412.
public funds, of, a felony, 514.
"public moneys," what phrase includes, 426.
punishment for, 514.


[References are to sections.]

EMBEZZLEMENT (continued).

restoration, before information filed, effect on, 513.
grround for mitigating punishment, 513.
of property, no defense, 513.
restore, intention to, no defense, 512.
search-warrant, 1524.
servant. See "agent" this title.

by a, 508.
society, by officer of, 504.

state officers guilty of embezzlement when, 504.
taking, distinct act of, 509.
tenant, by, 507.
title. See "claim of title as ground of defense," this title.

claim of, as a defense, 511.
trustee, by, 506.

various persons, by, 505, 506, 507, 522.
written instrument, not delivered, 510.

punishment of, 92, 95.

EMPLOYEE. See tits. Hour.s of Labor; Master and .Servaut.

blacklisting former prohibited, penalty, 653e.

coercing, not to join labor organization, penalty, 679.

eight hours, working over, penalty, 653c.

of school, purchase of supplemental books by, penalty, 308b.

of state prisons. See tit. State Pri.sons.

paying wages to, in saloon or bar-room, a misdemeanor, 680.

refusal to give tax-collector name of, a misdemeanor, 434.

retaining wages of, a felony when, 653d.

tax-collector, refusal to give name to, a misdemeanor, 4.'5 1.

wages, for public works, keeping part of, a felony, 6o3d.
EMPLOYER. See tit. Master and Servant.

influencing employee to vote, penalty, 59.

proceedings, where convict sentenced to death i.s, 1225.

entering, without permission, to hunt, a misdemeanor, 602.

causing death from negligent management of, penalty, 368.

mismanagement of, penalty, 348, 349, 368.

intoxicated while in charge of locomotive, a felony, 391.

omitting to ring bell while crossing highway, a misde-
meanor, 390.

violation of duty by, penalty, 393.


[References are to sections.]


may close roads and highways, 588b.

person on election board not conversant wiili, 49a.

away for extortion or robbery, penalty, 209.
ERROR. See tit. Errors and Mistakes.

immaterial, as to, 1404.

in indictment, 960.
ERRORS AND MISTAKES. See tit. Defects.
ESCAPE. See tit. Retaking After Escape or Rescue.

as to punishment for, 105.

assisting escape, penalty, 109.

attempt io escape

from state prison, penalty, 106.
imprisonment for, commences wlien, 106.

breaking doors, etc., to retake, 855.

carrying into prison things useful to aid in escape, penalty,

costs of trial for. 111.

criminal jurisdiction over, 787.

disguise, 185.

effect of attempt to, on credits of prisoner, 1588.

expense of trial for escape. 111.

from other than state prison, 107.

going at large is, when, 1600.

governor may offer reward for, 1547.

homicide in retaking, 196.

insurrection, 411.

jurisdiction, 787.

officer suffering convicts to escape, penalt\', 108, IfiOn.

permitting pri.soner to go at large is an, IGOO.

prison other than state, from, 107.

punishment of prisoner escaping from state luivnu. inn,

refusal to aid in retaking, penalty, 150.

rescue, penalty, 101.

retaking, 854.

state prison, from, 105.

appraisers of, not to accept fee or reward, 65.'!d.
ETHER. See tits. DriiKs; Narcodcs.

lOVIDEVCE. See tits. Dcposllion ; I'alNll .\ i iik : UKiicmm; (and
also the particular offenses).

abortion, of, 11 OS.

accomplice, corroboration of, rieressar.v, 1111.

I 881

[References are to sections. J

EVIDENCE (continued).

acquit, advising jury to, on, 1118.

bigamy, of, 1106.

bill of exceptions to contain wliat, 11 75.

burden of proof, shiftin/g, in liomicide, 1105.

challenge of juror, on trial of, 1082.

common repute of house of ill-fame, 315.

concealing, 135.

conspiracy, to prove, 1104.

corroboration of accomplice nece.ssar.v, Jill.

counterfeiting, of, 1107.

debt. See tit. Evidence of Debt.

depositions. See tit. Depositions.

reading, in, 1362.
destroying, a misdemeanor, 135.
embezzlement, of, 1131.
establishing insanity. See tit. Insanity.
exception may be taken to ruling on, 1170.
extradition proceedings, in, 1550.

offering, a felony, 132.

preparing, a felony, 134.
false pretenses, of, 1110.
falsifying, a felony, 132.
forgery, of, 1107.
grand jury, before, 919-921.
husband and wife, vi^hen competent witnesses for or against

each other, 1322.
larceny, of, 1131.
lottery ticket, respecting, 1109.
of unlawful catch of fish, 628a.
of unlawful docking of liorses' tails, 597c, [2].
order of introducing, 1093.
perjury, to prove, 1103a.
plea, of not guilty, undei^, 1020.

possession of striped bass as, of illegal catch, 628a.
presumption of innocence. See tit. Innocence.

as to, generally, 1096.
receiving, out of court, grounds for new trial. See tit. New-
Trial .
reputation as evidence of character of house of prostitution,

rules, of, same as in civil cases, 1102.
seduction, of, 1108.


[References are to sections.]

EVIDENCE (continued),
state's, 1099, 1100.
treason, of, 1103.

what admissible under plea of not guilty, 1020.
witness not to be prosecuted on his testimony, 1324.

penalty for officer purchasing, 71.
"personal property" includes, 7.
purchase of, by attorney, 161.
subject of embezzlement, 510.
EVIL, INTENT. See tit. Intent.
EXAMINATION. See tit. Examination of CharKe.

of prosecutor and his witnesses upon the information, 811.
EXAMINATION OF CHARGE. See tit. Preliminary Examina-
allowance of demurrer, examination before magistrate, after,

commitment. See tit. Commitment.

bail on, 875.

form of, 876.

how made and to whom delivered, 876.

order for, 873.

wlien and Iio^v committed
as to, generally, 872.
order of commitment, 875.

when and how discharged, 871.
defendant to be committed or diHcharjced on Itiiil

as to, on postponement, 862.

form of commitment for e.\amination, 863.
deposition to be kept by whom, 870.
deposition to be read on examination, 864.
examination of defendant's witnesses to be had when, 866.
examination of witnesses to be in presence of defendant, 865.
exclusion and separation of Avitnesses, 867.
magistrate to inform defendant of cliarge, 85S.

to inform defendant of his right to counsel, 858.

to return depositions, etc., to court, 883.
order for bail, on, 875.
order for commitment, 873.

right to counsel, magistrate must inform defendant of, 858.
Mecurlty for appearance of >vitneMN

infants and married women not re(|uired to give, 880.

refusal to give, witness to be committed, 881.


[References are to sections.]


.sfj'iirity for nppearniife of witness (continued).
iiiialtle to give

conditional examination on behalf of the people, 88J.
witness to be conditionally examined, 882.

when and how required, 879.
subpoenas to be issued for witnesses, 864.

testimony of witnesses, how taken and autlienticated, 869.
time to send for counsel, 859.
undertaking; of ivitncsN to aynear

as to, generally, 878.

when and how taken, 878.
when examination to be completed, as to, generally, 861.
when examination to be postponed, 861.
when examination to proceed, 861.
who may be present at examination, 868.

members violating laws, a felony when, 441.
EXC'EPTIOIV. See tit. Bill of Exceptions.
amendments to and settlement of, 1177.
arrest of judgment, to order granting, 1172.
bill of. See tit. Bill of Exceptions.

to be delivered to clerk, 1171, 1174.

to contain what, 1175.
challenge to juror, to, 1077.
challenge to panel, to, 1061.
challenges to juror, as to, 1170.
changing bill of, 1171.

clerk to deliver bill to judge, 1171, 1174.
demurrer, to, allowing, or overruling, 1172.
deposition, to, 1345.
evidence, bill to contain what, 1175.
filing bill of, 1171, 1174.
grounds for, 1170.

inclosing, signing, filing, 1171, 1177.
indictment, to order setting aside or refusing to set aside,

instructions, to

as to, generally, 1170.

how presented for review, 1175.

need not be embodied In, 1176.

written, 1176.
may be taken in what cases, 1170.
new trial, to granting or refusing, 1172.


[References are to sections.]

i:XCEPTION (continued).
not taken at trial

but which may be taken by both parties, 1172.
but which may be taken by defendant, 1173.
notice of presentation for settlement, 1171.
order after judgment, to making or refusing, 1172.
petition to prove bill of, 1174.
postponement, to refusal to order, 1173.
preparation of, 1171, 1174.

presentation to judge or delivery to clerk, 1171, 1174.
proceedings where trial judge ceases to hold office, 1171.
question of law, to decision on, 1170.
refusal to allow, proceedings in case of, 1174.
settlement of bill of

as to, generally, 1171, 1174.

after judge's term of office has expired, 1171.
by supreme judge, 1174.
designating time for, 1171.
proceedings on, 1171, 1174.
time for, 1171.
signing bill of, 1171, 1174.

striking matter out of bill, by judge, 1175.
supreme court, application to, to prove bill, 1174.
testimony, to, 1170.
time for

preparation and settlement of bill, 1171, 1174.
presenting for settlement, 1171.
settlement, extending, 1174.
transcript to contain bill of, 1175.
venue, refusal to grant change of, to, 1173.

coming upon or near prison grounds, a felony, 171b.

affirmed, judgment of, 1260.

appeal from proceedings, when judgment of death not exe-
cuted, none, 1227.
authority for

jiidj^nient of death

as to, generally, 1217.

female oonvlctN HiipitoHed 4o Ik- preKmiiiit
proceedings on, 1225.
where not, duty of warden, 1226.
how inflicted, 1228.
insane defendant. See tit. InNnnit.v.

duty of warden, on recovery, to iii(ir.-i.(I lo .vi'iui.-


1 References are to sections.]

EXECUTION (continued).
authority for (continued).

.jiul^nient of death (continued).
insaue defeiulnut (continued).

on recovery of reason, execution to he enforced, 1224.
proceedings to determine, 1221, 12j1.
suspending execution of, 1224.
judgment of, remaining in force, not executed, proceed-
ings, 1227.
order itf court fixing: day of
as to, generally, 1127.
no appeal from, when, 1127.
return of warden, 1230.
time of

as to, generally, 1217.

where judgment must be executed, 1229.
who may be present at, 1229.
judi^ment other than death
as to, generally, 1213.
death, judgment of

not having been executed, proceedings on, 1227.
transmission of papers to governor, 1218.
warrant of execution upon, 1217.
delivery of defendant to warden of prison, 1217.
tine ivithout imprisonment

as to execution on, 1214. ^

may issue for, 1214.
governor may require opinion of justices as to judgment of

death, 1219.

death penalty inflicted by, 1228.
where to take place, 1229.
who to be present at, 1229.
how and when judgment executed, as to, generally, 121 fi,

insane defendant

delivery to asylum, 122.3.
on recovery of reason, 1223.
suspending execution, 1224.
insanity of defendant, proceedings to determine, 1221, 1224.
justices or police

judgment of imprisonment, of, 1455.
until fine paid, of, 1456.

Online LibraryCaliforniaThe codes of California as amended and in force at the close of the Forty-first session of the Legislature, 1915 (Volume 4 Penal Code) → online text (page 74 of 87)