California Jurisprudence: See article Statutes. § 24. This act, how cited. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as The Penal Code, adding, when necessary, the number of the section. This act, how cited. The constitution nowhere uses the word "code," but speaks of the way in which an "act" may be revised or amended: Const., art. iv, § 24. See opinion of Mr. Justice McKin stry, in Earle v. Board of Education, 55 Cal. 494. Title of the act: See ante, § 1. California Jurisprudence: See article Statutes. Legislation § 24. Enacted February 14, 1872. PART I. CRIMES AND PUNISHMENTS. TITLE I. PERSONS LIABLE TO PUNISHMENT FOR CRIME. §§ 26 28. II. PARTIES TO CRIME. §§ 30-33. III. OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE. 88 37, 88. IV. CRIMES AGAINST THE ELECTIVE FRANCHISE. §§ 40 6412. V. CRIMES BY AND AGAINST THE EXECUTIVE POWER OF VI. CRIMES AGAINST THE LEGISLATIVE POWER. §§ 81-89. §§ 92-185. VIII. CRIMES AGAINST THE PERSON. §§ 187-259. IX. CRIMES AGAINST THE PERSON AND AGAINST PUBLIC X. CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY. XI. CRIMES AGAINST THE PUBLIC PEACE. §§ 403-421. XIII. CRIMES AGAINST PROPERTY. §§ 447-593a. XIV. MALICIOUS MISCHIEF. §§ 594-625a. XV. MISCELLANEOUS CRIMES. §§ 626-653e. XVI. GENERAL PROVISIONS. §§ 654-681. (19) TITLE I. Persons Liable to Punishment for Crime. § 26. Who are capable of committing crimes. § 26a. § 27. Crimes by corporations and their punishment. 28. Prisoners to be discharged on Monday. [Repealed.] § 26. Who are capable of committing crimes. All persons are capable of committing crimes except those belonging to the following classes: One. Children under the age of fourteen, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness. Two. Idiots. Three. Lunatics and insane persons. Four. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent. Five. Persons who committed the act charged without being conscious thereof. Six. Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence. Seven. Married women (except for felonies) acting under the threats, command, or coercion of their husbands. Eight. Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused. [Amendment approved 1874; Code Amdts. 1873-74, p. 422.] Construction of this section with section 21, ante, as to determining persons capable of committing crime. See People Methever, 132 Cal. 326, 64 Pac. 481. Compelling commission of crime by threat: See post, § 31. V. Insane persons, criminal liability of: See post, §§ 1367 et seq. Acquittal on the ground of insanity, proceedings after, and commitment to asylum: Post, § 1167. Submitting the question of sanity to a jury: Post, § 1368. California Jurisprudence: See article Criminal Law, vol. 7, p. 850 et seq. A. L. R. Notes: Effect of coverture upon the criminal responsibility of a woman, note 4 A. L. R. 266. Criminal responsibility of one co-operating in offense which he is incapable of committing personally, note 5 A. L. R. 782. Legislation § 26. 1. Enacted February 14, 1872; based on Field's Draft, § 16, N. Y. Pen. Code, §§ 16, 17, 18, 19, 20, 21, 24, 25; also based on Crimes and Punishment Act, Stats. 1850, p. 230, §§ 4, 5, 7, 9, 10. When enacted in 1872, § 26 differed from the amendment of 1873-74 (the present section), (1) in subd. 1, having the word |