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him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination. En. February 14, 1872.

§ 15. "Crime" and "public offense” defined. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:

First. Death.
Second. Imprisonment.
Third. Fine.
Fourth. Removal from office; or,

Fifth. Disqualification to hold and enjoy any office of honor, trust, or profit in this state. En. February 14, 1872. Cal. Rep. Cit. 47, 479; 90, 278; 93, 439; 110, 656; 118,

460; 118, 482; 147, 533. Crime and public offense: See post, secs. 16, 17.

"The use of the terms 'crime,' 'felony,' 'misdemeanor,' and offense' is far from uniform even among legal writers,” say the code commissioners, and after citing the definitions of several text-writers, they conclude:

"The definition of the section is based upon the usage which has grown up in this state of employing 'crime' and 'offense' in the extensive signification, and confining 'felony' and 'misdemeanor' to denote the classes into which crimes are divided, and is in substantial accord with the definitions given by Mr. Livingston: Crim. Code, art. LXXV."

Subd. 1. Death punishment in case of treason: See post, sec. 37. Of murder: Post sec. 190.

Subd. 4. Removal from office: See post, secs. 737 et seq.; Const., art. IV, secs. 18, 21; Id., art. XII, sec. 19.

Subd. 5. Disqualification to hold office: Const. Cal., art. XX, secs. 10, 11.

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§ 16. Crimes, how divided. Crimes divided into:
First. Felonies; and,
Second. Misdemeanors. En. February 14, 1872.
Cal. Rep. Cit. 94, 574; 102, 428; 118, 460; 137, 268; 139,

213.
See next section.

§ 17. Felony and misdemeanor defined. A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime is a misdemeanor. When a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a coun. ty jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison. En. February 14, 1872. Am’d. 1873-4, 455. Cal. Rep. Cit. 49, 395; 53, 428; 69, 605; 78, 306; 85, 87;

94, 574; 137, 268; 139, 213; 143, 599. § 18. Punishment of felony, when not otherwise prescribed. Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison, not exceeding five years. En. February 14, 1872.

Cal. Rep. Cit. 47, 479.

$ 19. Punishment of misdemeanor, when not otherwise prescribed. Except in cases where a different punishment is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both. En. February 14, 1872. Cal. Rep. Cit. 68, 413; 85, 37; 85, 211; 87, 93; 102, 428;

114, 371; 114, 282; 124, 152; 124, 153; 124, 154; 139,

116. § 20. To constitute crime there must be unity of act and intent. In every crime or public offense there must exist a union, or joint operation of act and intent, or wiminal negligence. En. February 14, 1872.

Cal. Rep. Cit. 63, 168; 93, 566; 116, 77; 129, 551; 138, 341.
Intoxication, effect of: Post, sec. 22.
Insanity: Post, sec. 26.

8 21. Intent, how manifested, and who considered of sound mind. The intent or intention is manifested by the circumstances connected with the offense, and the sound mind and discretion of the accused. All persons are of sound mind who are neither idiots nor lunatics, nor affected with insanity. En. February 14, 1872.

Cal. Rep. Cit. 132, 329; 145, 140.

Presumptions as to intention.—Conclusive presumption.It is provided in the Code of Civil Procedure that a malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another, shall be conclusively presumed: Code Civ. Proc., sec. 1962.

§ 22. Drunkenness no excuse for crime. When it may be considered. No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act. En. February 14, 1872. Cal. Rep. Cit. 65, 278; 93, 112; 93, 487; 95, 428; 100, 390;

103, 575; 115, 577; 122, 187; 122, 239; 123, 49; 132,

232; 132, 329; 132, 332. $ 23. Certain statutes specified as continuing in force. Nothing in this code affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws;

First. All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts.

Second. All acts consolidating cities and counties, and acts amending or supplementing such acts.

Third. All acts for funding the state debt, or any part thereof, and for issuing state bonds, and acts amending or supplementing such acts. Fourth. All acts regulating and in relation to rodeos. Fifth. All acts in relation to judges of the plains.

Sixth. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state.

Seventh. All acts in relation to a branch state prison.

Eighth. An act for the more effectual prevention of cruelty to animals, approved March thirtieth, eighteen hundred and sixty-eight.

Ninth. An act for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixty-six.

Tenth. An act relating to the Home of the Inebriate of San Francisco, and to prescribe the powers and duties of the board of managers and the officers thereof, approved April first, eighteen hundred and seventy.

Eleventh. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six.

Twelfth. An act to prevent the destruction of fish in the waters of Bolinas Bay, in Marin County, approved March thirty-first, eighteen hundred and sixty-six.

Thirteenth. An act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixty-six.

Fourteenth. An act to prevent the destruction of fish in Napa River. and Sonoma Creek, approved January twentyninth, eighteen hundred and sixty-eight.

Fifteenth. An act to prevent the destruction of fish and game in, upon, and around the waters of Laké Merritt or Peralta, in the county of Alameda, approved March eighteenth, eighteen hundred and seventy.

Sixteenth. An act to regulate salmon fisheries in Eel River, in Humboldt County, approved April eighteenth, eighteen hundred and fifty-nine.

Seventeenth. An act for the better protection of stockraisers in the counties of Fresno, Tulare, Monterey and Mariposa, approved March twentieth, eighteen hundred and bixty-six,

Eighteenth. An act concerning oysters, approved April twenty-eighth, eighteen hundred and fifty-one.

Nineteenth. An act concerning oyster-beds, approved April second, eighteen hundred and sixty-six,

Twentieth. An act concerning gas companies, approved April fourth, eighteen hundred and seventy. En. February 14, 1872.

See further acts in forco: Pol. Code, secs. 19, 4442.

Subds. 1-6. References to the acts referred to in the first six subdivisions will be found in the General Laws under the various titles.

Subd. 7. Branch prisons: See acts in Appendix, title State Prisons.

Subds. 8-20. The act referred to in subd. 8 will be found in Stats. 1868, 604; but see Stats. 1874, 499. In subd. 9, see Stats. 1866, 641; but see amendment, Stats. 1874, 84. In subd. 10, see Stats. 1870, 585; Stats. 1875-6, 325. [Repealed 1895, 76, 201.] In subd. 11, see Stats. 1866, 332. In subd. 12, see Stats. 1866, 637. In subd. 13, see Stats. 1866, 857. In subd. 14, see Stats. 1868, 13; but see amendment, Stats. 1871, 441. In subd. 15, see Stats. 1870, 325. In subd. 16, see Stats. 1859, 298. In subd. 17, see Stats. 1866, 322. In subd. 18, see Stats. 1851, 432; but see repealing clause, Btats. 1874, 940. In subd. 19, see Stats. 1866, 848; also see Stats. 1874, 940.

Many amendments and new sections to the Penal Code are taken from “An act to amend the Penal Code,” approved March 30, 1874; Amendments 1873-4, 419. The amendatory act contained two other sections, in reference to the effect of the new provisions, as follows:

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