"years" after "fourteen"; (2) subd. 7 reading, "7. Married women (unless the crime be punishable with death) acting under the threats, command, or coercion of their husbands." 2. Amended by Code Amdts. 1873-74, p. 422. § 26a. Crimes by corporations and their punishment. Legislation § 26a. Added by Stats. 1901, p. 436. Unconstitu tional. See not to §5, ante. § 27. Who are liable to punishment. The following persons are liable to punishment under the laws of this state: 1. All persons who commit, in whole or in part, any crime within this state: 2. All who commit any offense without this state which, if committed within this state, would be larceny, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state; 3. All who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein. [Amendment approved 1905; Stats. 1905, p. 638.] This section is constitutional. People v. Botkin, 9 Cal. App. 244, 250, 98 Pac. 861. One mailing a forged check in a foreign country to a bank in this state with instructions to such bank to mail the check for collection to a bank in another state is guilty of a crime under this section. People v. Sansom, 37 Cal. App. 435, 173 Pac. 1107 Abetting out of state: See post, § 778b. Bringing stolen property into state: See post, §§ 497, 789. Legislation § 27. 1. Enacted February 14, 1872 (based on Field's Draft, § 15, N. Y. Pen. Code, § 16), (1) the introductory paragraph and subd. 1 reading as at present; (2) subds. 2 and 3 reading, "2. All who commit larceny or robbery out of this state, and bring to, or are found with the property stolen, in this state; 3. All who, being out of the state, cause or aid, advise, or encourage, another person to commit a crime within this state, and are afterwards found therein." 2. Amendment by Stats. 1901, p. 436; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 638; the code commissioner saying, "The amendment consists of a recasting of subd. 2, designed to make it punishable in this state to embezzle money in another state and bring the money embezzled or some part of it into this state. The old section authorized the conviction and punishment of persons committing larceny or robbery outside the state, who brought the property stolen into this state, but did not extend to the case of embezzlement." § 28. Prisoners to be discharged on Monday. [Repealed 1905; Stats. 1905, p. 491.] Legislation § 28. 1. Added by Stats. 1901, p. 11. 2. Amended by Stats. 1903, p. 236. 3. Repealed by Stats. 1905, p. 491. § 30. Classification of parties to crime. The parties to crimes are classified as: 1. Principals; and, 2. Accessories. Principals: See post, § 31. Accessories: See post, § 32. California Jurisprudence: See article Criminal Law, vol. 7, p. 886. Legislation § 30. Enacted February 14, 1872; identical with Field's Draft, § 26, N. Y. Pen. Code, § 28. The code commissioners cite 4 Bl. Com., p. 32. § 31. Who are principals. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed. Compelling commission of crime by threat: See ante, § 26. California Jurisprudence: See article Criminal Law, vol. 7, p. 888. A. L. R. Notes: Criminal responsibility of husband for violation of liquor law by wife, note 19 A. L. R. 136. Acquittal of principal or conviction of lower degree of offense as affecting prosecution of aider or abetter, note 24 A. L. R. 603. Principal in second degree, or aider and abetter in case of felonious assault, note 16 A. L. R. 1043. Legislation § 31. Enacted February 14, 1872; based on Field's Draft, § 27, N. Y. Pen. Code, § 29; also based on Crimes and Punishment Act, Stats. 1850, p. 230, §§ 11, 12, which read: "§ 11. An accessory is he or she who stands by and aids, abets, or assists; or who not being present aiding, abetting, or assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets or assists, advises or encourages, shall be deemed and considered as principal, and punished accordingly. § 12. An accessory after the fact is a person who, after full knowledge that a crime has been committed, conceals it from the magistrate, or harbors and protects the person charged with or found guilty of the crime. Any person being found guilty of being an accessory after the fact shall be imprisoned for any term not exceeding two years, and fined in a sum not exceeding five thousand dollars, to be regulated by the circumstances of the case and the enormity of the crime." The code commissioners say: "The commissioners recommend the abrogation of the distinction between an accessory before the fact and a principal, for the reason that section 11 of the Crimes and Punishment Act (Stats. 1850, p. 229) already declares that the accessory before the fact 'shall be deemed and considered as principal, and punished accordingly.' To retain the phrase, 'accessory before the fact' would be useless." § 32. Who are accessories. All persons who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories. Conviction cannot be had on uncorroborated testimony of accomplice: See post, § 1111. California Jurisprudence: See article Criminal Law, vol. 7, p. 891. Legislation § 32. Enacted February 14, 1872; based on Field's Draft, § 28, N. Y. Pen. Code, § 30; also based on Crimes and Punishment Act, Stats. 1850, p. 320, § 12, q. v., ante, Legislation § 31. The code commissioners say: "The commissioners having recommended the abrogation of the distinction between accessories before the fact and principals, if that recommendation is concurred in, there is no longer need of retaining the phrase 'accessory after the fact.'" § 33. Punishment of accessories. Except in cases where & different punishment is prescribed, an accessory is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding two years, or by fine not exceeding five thousand dollars. Aiding in misdemeanor is a misdemeanor: See post, § 659. California Jurisprudence: See article Criminal Law, vol. 7, p. 893. Legislation § 33. Enacted February 14, 1872; based on Field's Draft, § 30, N. Y. Pen. Code, § 33; also based on Crimes and Punishment Act, Stats. 1850, p. 230, § 12, q. v., ante, Legislation § 31. Offenses against the Sovereignty of the State. § 37. Treason, who only can commit. § 38. Misprision of treason. § 37. Treason, who only can commit. Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death. Constitutional provisions. Treason against a state is an offense at common law, and is so recognized in the constitution of the United States: See U. S. Const., art. iv, § 2. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court: Const., art. i, § 20; see also U. S. Const., art. iii, § 3. Treason, proof of: See post, § 1103; Code Civ. Proc., §§ 1844, 1968. Two witnesses necessary: See Code Civ. Proc., § 1968. Legislation § 37. Enacted February 14, 1872; based on Field's Draft, §§ 57, 60, N. Y. Pen. Code, §§ 37, 38; also based on Crimes and Punishment Act, Stats. 1850, p. 231, §§ 16, 17, which read: "§ 16. Crimes against the government and people shall consist in treason and misprision of treason, and can be committed only by persons owing allegiance to the state. § 17. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. The punishment of treason shall be death. When the overt act of treason shall be committed without the limits of this state, the person charged therewith may be arrested, tried, and punished in any county of this state within the limits of which he may be found, and the offense may be charged to have been committed in the county where he may be arrested." § 38. Misprision of treason. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the state prison for a term not exceeding five years. California Jurisprudence: See article Treason. Legislation § 38. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 231, § 18, which read: "§ 18. Misprision of treason shall consist in the knowledge and concealment of treason, without otherwise assenting to, or participating in the crime. Any person being found guilty thereof shall be punished by confinement in the state prison for any term not exceeding five years." TITLE IV. Crimes against the Elective Franchise. § 40. Person acting as election officer without appointment. § 42. Fraudulent registration a felony. § 42a. Allowing fraudulent registration. § 43. Refusal to be sworn by or to answer questions of board of judges of election a misdemeanor. § 44. Refusal to obey summons of board of registration a misdemeanor. Procuring illegal voting. $48. § 49. Changing ballots or altering returns by election officers, felonies. § 49a. Officer of election who cannot read or write or refusing to serve. § 50a. Penalty for signing false name to petitions. $52. Persons aiding and abetting or concealing guilty of felony. $54. Furnishing money for elections except for specific purposes. § 54b. Promising or contributing any money or valuable consideration § 55. Unlawful offers to procure offices for electors. § 55a. Soliciting or demanding that a candidate vote for or against any measure or bill. § 56. Communicating such offer. Giving or offering bribes to members of legislative caucus, etc. § 57a. Officers of election aiding in wrong-doing. $57. § 58. Preventing public meetings. $59. Force, violence, or restraint used to influence vote. dates, a misdemeanor. § 62a. Circulation of anonymous circulars referring to political candi §62b. Printer must put imprint on printed matter. § 63. United States senator, candidates for, must not give or promise pecuniary aid to legislative candidates. [Repealed.] 63a. [There is no section of this number.] § 63b. Sale of intoxicants on election days. $ 633. Members of legislature shall not accept any valuable consideration. [Repealed.] $ 64. No prosecution against witnesses testifying in election cases. § 64a. [There is no section of this number.] § 64b. Misrepresentation in securing signers. Circulation of false statements. Petitions containing false signatures. Signing § 64. Punishment of offenses against primary election laws. § 40. Person acting as election officer without appointment. Any person who acts as an election officer at any મ |