ANALYSIS

OF THE

CONTENTS OF PENAL CODE.

DIVISIONS.

PART I.-OF CRIMES AND PUNISHMENTS.

PART II.-OF CRIMINAL PROCEDURE.

PART III.—OF THE STATE PRISONS AND COUNTY JAILS.

SECTION 1. Title and divisions of this act..

PRELIMINARY PROVISIONS.

SECTION 2. When this act takes effect......

3. Not retroactive

4. Construction of the Penal Code...

5. Provisions similar to existing laws, how construed..

6. Effect of code upon past offenses..

7. Words, what included in definition..

S. What intent to defraud is sufficient.

1

2

2

3

5

5

....

9. Civil remedies preserved..............

10. Proceedings to impeach or remove officers and others pre-

served....

8

11. Authority of court-martial preserved. Courts of justice to

punish for contempts......

.. 8

12. Of sections declaring crimes punishable. Duty of court...

13. Punishments, how determined......

9

14. Witness' testimony may be read against him on prosecution

for perjury......

9

9

9

15. "Crime" and "public offense" defined..

16. Crimes, how divided.....

17. Felony and misdemeanor.

10

18. Punishment of felony, when not otherwise prescribed...... 11

19. Punishment of misdemeanor, when not otherwise prescribed. 11

20. To constitute crime there must be unity of act and intent.. 11

21. Intent, how manifested, and who considered of sound mind. 12

SECTION 22. Drunkenness no excuse for crime. When it may be consid-

ered.....

23. Certain statutes specified as continuing in force..

24. This act, how cited....

PART I.

OF CRIMES AND PUNISHMENTS.

TITLE I.

OF PERSONS LIABLE TO PUNISHMENT FOR CRIME.

SECTION 26. Who are capable of committing crimes..

27. Who are liable to punishment..

TITLE II.

OF PARTIES TO CRIME.

SECTION 30. Classification of parties to crime...

31. Who are principals..

32. Who are accessories..

33. Punishment of accessories.

TITLE III.

OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE.

SECTION 37. Treason, who only can commit...

38. Misprision of treason..

31

32

TITLE IV.

OF CRIMES AGAINST THE ELECTIVE FRANCHISE.

SECTION 41. Violation of election laws by certain officers a felony....... 33

42. Fraudulent registration a felony.....

43. Refusal to be sworn by or to answer questions of board of

judges of election a misdemeanor.

33

3333

SECTION 44. Refusal to obey summons of board of registration a misde-

meanor.

45. Voting without being qualified, voting twice, and other elec-

tion frauds, felonies.

46. Attempting to vote without being qualified.

47. Procuring illegal voting a misdemeanor..

48. Changing ballots or altering returns by election officers, fel-

onies....

49. Inspectors unfolding or marking tickets guilty of a misde-

meanor.

50. Forging or altering returns a felony.

51. Adding to or subtracting from votes given a felony.

52. Persons aiding and abetting, or concealing, guilty of felony.. 36

53. Intimidating, corrupting, deceiving, or defrauding electors a

misdemeanor....

36

54. Furnishing money for elections, except for specified purposes. 36

55. Unlawful offers to procure offices for electors...

37

56. Communicating such offer..............

37

57. Bribing, or offering to bribe, members of legislative caucuses,

etc.

58. Preventing public meetings.

59. Disturbance of public meetings a misdemeanor.

60. Betting on elections....

61. Violation of election laws by persons not officers..

62. Printing or circulating tickets not in conformity with elec-

tion laws....

TITLE V.

OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF

THE STATE.

SECTION 65. Acting in a public capacity without having qualified..

66. Acts of officers de facto not affected....

67. Giving or offering bribes to executive officers.

68 Asking or receiving bribes...

69. Resisting officers...

70. Extortion.....

39

39

39

40

40

41

71. Violation of laws prohibiting certain officers from dealing in

scrip, etc., and from being interested in contracts..... 41

72. Fraudulently presenting bills or claims to public officers for

allowance or payment..

73. Buying appointments to office.

74. Taking rewards for deputation..

41

41

42

42

42

77. Preceding sections to apply to administrative and ministerial

42

75. Exercising functions of office wrongfully.

76. Refusal to surrender books, etc., to successor..

officers...

121

TITLE VI.

OF CRIMES AGAINST THE LEGISLATIVE POWER.

SECTION 81. Preventing the meeting or organization of either branch of

85. Giving or offering bribes to members of the legislature.

86. Receiving bribes by members of the legislature......

87. Witnesses refusing to attend, testify, or produce papers before

the legislature, or committees thereof....

44

44

44

88. Members of the legislature, in addition to other penalties, to

forfeit office and be disqualified, etc....

45

89. Obtaining money or property to influence vote of legislator a

felony.

45

TITLE VII.

OF CRIMES AGAINST PUBLIC JUSTICE.

CHAPTER 1. Bribery and corruption....

II. Rescues.....

III. Escapes, and aiding therein..

IV. Forging, stealing, mutilating, and falsifying judicial and

public records and documents.

V. Perjury and subornation of perjury.

VI. Falsifying evidence..

VII. Other offenses against public justice..

VIII. Conspiracy....

CHAPTER I.

BRIBERY AND CORRUPTION.

45

48

49

51

52

55

57

68

SECTION 92. Giving bribes to judges, jurors, referees, etc

93. Receiving bribes by judicial officers, jurors, etc.

46

46

94. Extortion...

46

95. Improper attempts to influence jurors, referees, etc.

96. Misconduct of jurors, referees, etc...

46

47

97. Justice or constable purchasing judgment..

47

98. Officers to forfeit and be disqualified from holding office..... 47

99. Superintendent of state printing not to be interested in cer-

tain printing, etc.....

47

100. Corrupt collusion by superintendent of state printing...... 47