Legislation § 218. 1. Added by Stats. 1891, p. 283, and then read: "Every person who shall unlawfully throw out a switch, remove a rail, or place any obstruction on any railroad in the state of California, with the intention of derailing any passenger, freight, or other train, or who shall unlawfully board any passenger train with the intention of robbing the same, or who shall unlawfully place any dynamite or other explosive material, or any other obstruction, on the track of any railroad in the state of California, with the intention of blowing up or derailing any passenger, freight, or other train, or who shall unlawfully set fire to any railroad bridge or trestle, over which any passenger, freight, or other train must pass, with the intent of wrecking said train, upon conviction shall be adjudged guilty of felony, and shall be punished with death or imprisonment in the state prison for life, at the option of the jury trying the case." 2. Amendment by Stats. 1901, p. 447; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 654. § 219. Railroad trains, when wrecked; punishment. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine and thus derails the same, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine and thus blows up or derails the same, or who unlawfully sets fire to any railroad bridge or trestle over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, and thus wrecks the same, is guilty of a felony and punishable with death or imprisonment in the state prison for life at the option of the jury trying the case. California Jurisprudence: See article Railroads. CHAPTER VI. Assaults with Intent to Commit Felony, Other than Assaults with Intent to Murder. § 220. Assault with intent to commit rape. § 221. Other assaults. § 222. Administering stupefying drugs. § 220. Assault with intent to commit rape. Every person who assaults another with intent to commit rape, the infamous crime against nature, mayhem, robbery, or grand larceny, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. Rape: See post, § 261. California Jurisprudence: See article Rape. A. L. R. Notes: Civil action for assault upon female person, note 6 A. L. R. 985. Sense of shame, or other disagreeable emotion on part of female, as essential to an aggravated or indecent assault, 27 A. L. R. 859. Legislation § 220. Enacted February 14, 1872; based on Crimes and Punishment Act, § 50, as amended by Stats. 1855, p. 106, § 2, q. v., ante, Legislation § 217. § 221. Other assaults. Every person who is guilty of an assault, with intent to commit any felony, except an assault with intent to commit murder, the punishment for which assault is not prescribed by the preceding section, is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, or by fine. not exceeding five hundred dollars, or by both. Assault generally: Post, § 240. Assault with deadly weapon: Post, § 245. California Jurisprudence: See articles Assault and Battery, vol. 3, p. 196; Criminal Law, vol. 7, p. 876. Legislation § 221. Enacted February 14, 1872; based on Field's Draft, § 291, N. Y. Pen. Code, § 218. § 222. Administering stupefying drugs. Every person guilty of administ? ring to another any chloroform, ether, laudanum, or other narcotic, anesthetic, or intoxicating agent, with intent thereby to enable or assist himself or any other person to commit a felony, is guilty of felony. Administering poison: ante, § 216. California Jurisprudence: See articles Assault and Battery, vol. 3, p. 208; Drugs and Druggists, vol. 9, p. 937. Legislation § 222. Enacted February 14, 1872; based on Consol. Stats. of Canada, 1859, p. 955, § 13. § 225. Duel defined. $226. CHAPTER VII. Duels and Challenges. Punishment for fighting a duel, when death ensues. § 227. Punishment for fighting a duel, although death does not ensue. Persons fighting duels, etc., disqualified from holding office, § 228. § 231. § 232. Leaving the state with intent to evade laws against dueling. Code commissioners' note to Chapter VII. "The sections relating to duels are founded upon the provisions of an act of 1855 (Stats, 1855, p. 152, § 1) and of §§ 43 and 44 of the Crimes and Punishment Act of 1850, p. 233, and §§ 293, 291, 300, 301, and 303 of the New York Penal Code [Field's Draft]. No provision has ever been made for carrying into effect the constitutional provisions on the subject, and although fighting by previous appointment, without the use of deadly weapons, was by the act of 1850 (Stats. 1850, p. 229), made a felony, yet there was no punishment affixed to the offense of dueling, unless death ensued. The commission have supplied these omissions. Sections two and three of the act of 1855, giving remedies by action for injuries, etc., arising from dueling, are inserted in the Civil Code." § 225. Duel defined. A duel is any combat with deadly weapons, fought between two or more persons, by previous agreement or upon a previous quarrel. California Jurisprudence: See article Dueling, vol. 9, p. 940. Legislation § 225. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VII. § 226. Punishment for fighting a duel, when death ensues. Every person guilty of fighting any duel, from which death ensues within a year and a day, is punishable by imprisonment in the state prison not less than one nor more than seven years. California Jurisprudence: See article Dueling, vol. 9, p. 940. Legislation § 226. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VII. § 227. Punishment for fighting a duel, although death does not ensue. Every person who fights a duel, or who sends or accepts a challenge to fight a duel, is punishable by imprisonment in the state prison or in the county jail not exceeding one year. [Amendment approved 1874; Code Amdts. 1873-74, p. 428.] California Jurisprudence: See article Dueling, vol. 9, p. 940. Legislation § 227. 1. Enacted February 14, 1872 (see ante, Code commissioners' note to Chapter VII), and then read: "Every person guilty of fighting any duel, although no death or wound ensues, is punishable by imprisonment in the state prison not exceeding one year." 2. Amended by Code Amdts. 1873-74, p. 428. 3. Amendment by Stats. 1901, p. 448; unconstitutional. See note, § 5, ante. § 228. Persons fighting duels, etc., disqualified from holding office, etc. Any citizen of this state who shall fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this state or out of it, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage, and shall be declared so disqualified in the judgment, upon conviction. [Amendment approved 1880; Code Amdts. 1880, p. 8.] Disqualifications: See Const., art. xx, § 2. Remedies by action for injuries arising from dueling: See Civ. Code, §§ 3347, 3348. California Jurisprudence: See article Dueling, vol. 9, p. 940. Legislation § 228. 1. Enacted February 14, 1872 (based on Const. 1849, art. xi, § 2; see ante, Code commissioners' note to Chapter VII), and then read: "Every person guilty of fighting a duel, or who sends or accepts a challenge to fight a duel, or who acts as a second therein, is forever disqualified from holding any office, or from exercising the elective franchise in this state.' 2. Amended by Code Amdts. 1873–74, p. 428, to read: “Every person who fights a duel, or who sends or accepts a challenge to fight a duel, shall, in addition to the punishment prescribed in the last section, be forever disqualified from holding any office, or from exercising the elective franchise in this state, and shall be declared so disqualified in the judgment upon conviction." 3. Amended by Code Amdts. 1880, p. 8. § 229. Posting for not fighting. Every person who posts or publishes another for not fighting a duel, or for not sending or accepting a challenge to fight a duel, or who uses any reproachful or contemptuous language, verbal, written, or printed, to or concerning another, for not sending or accepting a challenge to fight a duel, or with intent to provoke a duel, is guilty of a misdemeanor. California Jurisprudence: See article Dueling, vol. 9, p. 940. Legislation § 229. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 233, § 43 (see ante, Code com missioners' note to Chapter VII), which read: "§ 43. If any person shall post another, or in writing or print shall use any reproachful or contemptuous language to or concerning another for not fighting a duel, or for not sending or accepting a challenge, he shall be imprisoned in the county jail for a term not exceeding six months, and fined in any sum not exceeding one thousand dollars." § 230. Duties of officers to prevent duels. Every judge, justice of the peace, sheriff, or other officer bound to preserve the public peace, who has knowledge of the intention on the part of any persons to fight a duel, and who does not exert his official authority to arrest the party and prevent the duel, is punishable by fine not exceeding one thousand dollars. California Jurisprudence: See article Public Officers. Legislation § 230. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VII. § 231. Leaving the state with intent to evade laws against dueling. Every person who leaves this state with intent to evade any of the provisions of this chapter, and to commit any act out of this state such as is prohibited by this chapter, and who does any act, although out of this state, which would be punishable by such provisions if committed within this state, is punishable in the same manner as he would have been in case such act had been committed within this state. Leaving state to evade statute against dueling: See post, § 780. Legislation § 231. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VII. § 232. Witness' privilege. No person shall be excused from testifying or answering any question upon any investigation or trial for a violation of either of the provisions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But no evidence given upon any examination of a person so testifying shall be received against him in any criminal prosecution or proceeding. California Jurisprudence: See article Witnesses. Legislation § 232. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VII. CHAPTER VIII. False Imprisonment. § 236. False imprisonment defined. § 237. False imprisonment, how punished. § 236. False imprisonment defined. False imprisonment is the unlawful violation of the personal liberty of another. Reconfining person discharged on habeas corpus: Post, § 363. California Jurisprudence: See article False Imprisonment. Legislation § 236. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 234, § 52 (first clause), q. v., post, Legislation § 237. § 237. False imprisonment, how punished. False imprisonment is punishable by fine not exceeding five hundred dollars, or by imprisonment in the county jail not more than one year, or by both. If such false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison for not less than one nor more than ten years. [Amendment approved 1901; Stats. 1901, p. 53.] California Jurisprudence: See article False Imprisonment. Legislation § 237. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 234, § 52, which read: "§ 52. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority. Any person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and be fined in any sum not exceeding five thousand dollars, or impris oned in the county jail for a term not exceeding one year." When enacted in 1872, § 237 contained only the first sentence of the present amendment; and then (1) had the words "five thousand dollars" instead of "five hundred dollars," and (2) did not have the word "by" before "both," at end of section. 2. Amended by Stats. 1901, p. 53. |