The jury have a right to consider the intoxicated condition of the accused. Supreme Court, September, 1883, People v. Cassiano, 30 Hun, 388; 1 N. Y. Cr. 505.

Intoxication does not absolutely tend to show an absence of premeditation and deliberation. Court of Appeals, February, 1885, People v. Mills, 98 N. Y. 181; 3 N. Y. Cr. 187; 21 W. Dig. 137. This is a question for the jury to determine. Id.

The only materiality of the evidence of the defendant's intoxication is its bearing upon the questions of deliberation, premeditation and intent. Court of Appeals, January 13, 1891, People v. Fish, 125 N. Y. 146; 8 N. Y. Cr. 136; 34 St. Rep. 843. If he was sober enough to form an intent and to deliberate and premeditate a crime, then his responsibility is the same as if he had been perfectly sober. Id. His condition in this respect must be taken into account in weighing the evidence as to meditation and deliberation. Court of Appeals, October, 1881, Flanigan v. People, 86 N. Y. 554.

Id.;

ABANDONMENT AND OTHER ACTS OF CRUELTY TO
CHILDREN.

Chapter III of Title X of the Penal Code.

Section 287. Abandonment of child under fourteen years.
287a. Abandonment of children.

288. Unlawfully omitting to provide for child.
289. Endangering life, health or morals of child.

290. Keepers of concert saloons, etc.

291. Children not to beg, etc.

292. Certain employment of a child.

292a. Penalty for sending messenger boys to certain

places.

292b. Taking apprentice without consent of guardian.

293. Duty of officers of society.

Section 287. Abandonment of child under fourteen years.-A parent, or other person having the care or custody, for nurture or education, of a child under the age of fourteen years, who deserts the child in any place, with intent wholly to abandon it, is punishable by imprisonment in a state prison for not more than seven years. (As amended by chapters 325 of the Laws of 1892, and 376 of 1903.)

§ 287a. Abandonment of children.-A parent or other person charged with the care or custody for nurture or education of a child under the age of sixteen years, who abandons the child in

destitute circumstances and willfully omits to furnish necessary and proper food, clothing or shelter for such child is guilty of felony, punishable by imprisonment for not more than two years, or by a fine not to exceed one thousand dollars, or by both. In case a fine is imposed the same may be applied in the discretion of the court to the support of such child. Proof of the abandonment of such child in destitute circumstances and omission to furnish necessary and proper food, clothing or shelter is prima. facie evidence that such omission is willful. The provisions of section seven hundred and fifteen of this code prohibiting the disclosure of confidential communications between husband and wife shall not apply to prosecutions for the offense here defined. A previous conviction or convictions of felony or misdemeanor shall not prevent the court from suspending sentence upon a conviction under this section, or from arbitrarily fixing the limit of imprisonment or fine, in case imprisonment or fine is imposed upon conviction herein.

§ 2. Nothing in this act contained shall be deemed or construed to repeal, amend, impair or in any manner affect the provisions of sections two hundred and eighty-seven, two hundred and eighty-eight or two hundred and eighty-nine of the penal code or any other existing provisions of law relating to abandonment or other acts of cruelty to children. (Added by chapter 168 of the Laws of 1905.)

A person who,

§ 288. Omitting to provide for child. 1. Willfully omits, without lawful excuse, to perform a duty by law imposed upon him to furnish food, clothing, shelter or medical attendance to a minor, or to make such payment toward its maintenance as may have been required by the order of a court or magistrate when such minor has been committed to an institution; or,

2. Not being a superintendent of the poor, or a superintend ent of almshouses, or an institution duly incorporated for the purpose, without having first obtained a license in writing so to do from the board of health of the city or town wherein such females or children are received, boarded or kept, erects, conducts, establishes or maintains any maternity hospital, lying-in asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or receives, boards

or keeps any nursing children, or any children under the age of twelve years not his relatives, apprentices, pupils or wards. without legal commitment; or,

3. Being a midwife, nurse or other person having the care of an infant within the age of two weeks, neglects or omits to report immediately to the health officer or to a legally qualified practitioner of medicine of the city, town or place where such child is being cared for, the fact that one or both eyes of such infant are inflamed or reddened whenever such shall be the case, or who applies any remedy therefor without the advice, or except by the direction of such officer or physician; or,

4. Neglects, refuses or omits to comply with any provisions of this section, or who violates the provisions of such license, is guilty of a misdemeanor. Every such license must specify the name and residence of the person so undertaking the care of such females or children, and the place and the number of females or children thereby allowed to be received, boarded and kept therein, and shall be revocable at will by the authority granting it. Every person so licensed must keep a register wherein he shall enter the names and ages of all such children and of all children born on said premises, and the names and residences of their parents, as far as known, the time of the reception and discharge of such children and the reasons therefor, and also a correct register of the name and age of every child under the age of five years who is given out, adopted, taken away or indentured from such place to or by any one, together with the name and residence of the person so adopting, taking or indenturing such child; and shall cause a correct copy of such register to be sent to the authority issuing such license within forty-eight hours after such child is so given out, adopted, taken away or indentured. It shall be lawful for the officers of any incorporated society for the prevention of cruelty to children and of such board of health at all reasonable times to enter and inspect the premises wherein such females and children are so boarded, received or kept, and also such license register and the children. (As amended by chapter 46 of the Laws of 1884, 31 of 1886, 145 of 1888, and 325 of 1892.)

5. No institution shall be incorporated for any of the purposes mentioned in this section except with the written consent and

approbation of a justice of the supreme court, upon the certificate in writing of the state board of charities approving of the organization and incorporation of such institution. The said board of charities may apply to the supreme court for the cancellation of any certificate of incorporation previously filed without its approval, and may institute and maintain an action in such court through the attorney-general to procure a judgment dissolving any such corporation not so incorporated and forfeiting its corporate rights, privileges and franchises. (Added by chapter 171 of the Laws of 1894.)

Unlawfully and feloniously suffering and permitting a child to die through willful negligence, without lawful excuse, to supply it with proper food, clothing and care, constitutes a misdemeanor. Supreme Court, June 23, 1888, People v. McDonald, 17 St. Rep. 494; 49 Hun, 68; 1 N. Y. Supp. 704. One failing to supply a child in his custody with proper food is guilty of an offense under the statute. Supreme Court, June, 1880, Crowley v. People, 21 Hun, 415.

In same case on appeal, 83 N. Y. 464, it was held that one who, with no natural or legal duty, voluntarily seeks and assumes the care and custody of a child, is amenable to the statute, if he fails to perform the duty required, to the injury of the child. It is not requisite to aver or prove that he had means of support, but he must either perform his duty or surrender such care and custody.

§ 289. Endangering life, et cetera, of child.-A person who,

1. Willfully causes or permits the life or limb of any child actually or apparently under the age of sixteen years to be endangered, or its health to be injured, or its morals to become depraved; or,

2. Willfully causes or permits such child to be placed in such a situation or to engage in such an occupation that its life or limb is endangered, or its health is likely to be injured, or its morals likely to be impaired; is guilty of a misdemeanor. amended by chapter 145 of the Laws of 1888.)

3. Any parent or guardian or other person having custody of a child under sixteen years of age, except in the city of New York who omits to exercise due diligence in the control of such child, to prevent such child from violating any of the provisions of this chapter and any such person or any other person responsible for or who by any act or omission causes, encourages or contributes to the violation by any such child of said provisions shall

be guilty of a misdemeanor and punishable accordingly. (Added by chapter 655 of the Laws of 1905.)

§ 290. Permitting children to attend certain resorts. A person who,

1. Admits to or allows to remain in any dance-house, concert saloon, theatre, museum, skating rink, or in any place where wines or spirituous or malt liquors are sold or given away, or in any place of entertainment injurious to health or morals, owned, kept or managed by him in whole or in part, any child actually or apparently under the age of sixteen years, unless accompanied by its parent or guardian; or,

2. Suffers or permits any such child to play any game of skill or chance in any such place, or in any place adjacent thereto, or to be or remain therein, or admits to or allows to remain in any reputed house of prostitution or assignation or in any place where opium or any preparation thereof is smoked, any child actually or apparently under the age of sixteen years; or,

3. Sells or gives away, or causes or permits or procures to be sold or given away to any child actually or apparently under the age of sixteen years any beer, ale, wine, or any strong or spirituous liquors; or,

4. Being a pawnbroker or person in the employ of a pawnbroker, makes any loan or advances or permits to be loaned or advanced to any child actually or apparently under the age of sixteen years any money, or in any manner directly or indirectly receives any goods, chattels, wares or merchandise from any such child in pledge for loans made or to be made to it or to any other person or otherwise howsoever; or,

5. Sells, pays for or furnishes any cigar, cigarette or tobacco in any of its forms to any child actually or apparently under the age of sixteen years; (As amended by chapter 46 of the Laws of 1884; 31 of 1886; and 170 of 1889.)

6. Or who, being the owner, keeper or proprietor of a junk shop, junk cart or other vehicle or boat or other vessel used for the collection of junk, or any collector of junk, receives or purchases any goods, chattels, wares or merchandise from any child under the age of sixteen years; (Added by chapter 309 of the Laws of 1903.)

Is guilty of a misdemeanor.