CHAPTER I. OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES. § 777. Jurisdiction of offenses committed in this State. § 778. Offenses commenced without, but consummated within this State. § 779. When an inhabitant of this State is concerned in a duel out of the same, and a party wounded dies therein. $780. Leaving the State to evade the statute against dueling. § 781. Offense committed partly in one county and partly in another. § 782. Committed on the boundary, etc., of two or more counties. § 783. Jurisdiction of an offense on board a vessel or car. § 784. Jurisdiction for kidnapping or abduction. § 785. Jurisdiction of an indictment for bigamy or incest. 786. Property feloniously taken in one county and brought into another. § 787. Jurisdiction for escaping from prison. § 788. Jurisdiction for treason committed out of the State. § 789. Jurisdiction for stealing, etc., property, out of State, and brought therein. § 790. Jurisdiction for murder, etc., where the injury was inflicted in one county, and the party dies out of that county. § 791. § 792. Of an indictment against an accessory. Of principals who are not present, etc., at commission of the principal offense. § 793. Conviction or acquittal in another State a bar, where the jurisdiction is concurrent. § 794. Conviction or acquittal in another county a bar, where the jurisdiction is concurrent. § 795. Jurisdiction of prize-fight. 777. Every person is liable to punishment by the laws of this State, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States. Jurisdiction generally.-State tribunals have no power to punish crimes against the laws of the United States as such; as in false swearing before register of land-office-38 Cal. 150; 4 Blackf. 147; or under the national bankrupt act-15 N. H. 83; but see 108 Mass. 309. It is only when an offense is also an offense against the State laws that State ibunals trhave jurisdiction-38 Cal. 150; and see 54 Me. 381. So, there is a distinction between counterfeiting and circulating counterfeit, coin-10 Law Reporter, 500. The former is an offense directly against the government; the latter is an offense against the State, and may be punished by the laws of the State-34 Cal. 183; 5 How. 410; 10 id. 560; 1 Doug. (Mich.)207; 3 Head, 26; 2 Tread. 776; 2 Law Reporter, 92; but see 3 Mo. 421; and dis. opin. 5 How. 433. Exclusive jurisdiction is uniformly attendant upon exclusive legislation-2 Mason, 91; and see 34 Cal. 183; 9 Peters, 261; 5 How. 410; 14 id. 14. That the defendant will be liable to prosecution in the courts of the United States will not exclude jurisdiction in State courts-6 Ind. 436; so, State courts have power to try for murder a soldier in the military service of the United States-6 Parker Cr. R. 143. Congress cannot confer jurisdiction on State courts, and States have no power to make offenses against the United States laws cognizable in their courts-34 Cal. 280; nor can Congress confer on United States courts jurisdiction to try indictments found in State courts-5 Parker Cr. R. 577. The authority of Congress is limited to subjects peculiar to the Federal government-1 Woolw. 17. So, robbery committed on land is not punishable by any act of Congress-Hemp. 411; State tribunals have no jurisdiction to grant relief on the unlawful imprisonment of a United States officer-5 Dutch. 409; or on habeas corpus, to take a person out of the hands of a United States officer-40 Barb. 34. When jurisdiction is wholly derived from the statute, it cannot be enlarged by presumption or by implication-49 Me. 412. See Const. Prov. ante, page 20. Cannot be conferred by consent.-Consent cannot confer jurisdiction to try a party for any other offense than that charged in the indictment-50 Cal. 448; 4 Parker Cr. R. 386. A party may waive objections to the jurisdiction in a criminal case-5 Hun, 308; so, where a party voluntarily submits to the jurisdiction, judgment will not be reversed-49 Mo. 432. So, where a conviction was had before a de facto judge, his acts are valid-17 Wis. 521; so, the casual and temporary absence of one of the judges does not impair the validity of the proceedings-36 N. Y. 431. Appellate jurisdiction.-If the constitution confers appellate jurisdiction, and no mode is provided for taking the appeal, the case may be brought up on a writ of error, or the court may frame an appropriate writ-52 Cal. 220; 5 id. 190; 3 id. 247; 24 id. 334. It attaches in criminal cases on questions of law alone-2 La. An. 221; 9 id. 24; and not until after sentence or judgment-id. 69; id. 157; 18 id. 340; 22 id. 9. The Supreme Court has not jurisdiction of a criminal case involving the validity of a tax, etc.-30 Cal. 98; nor has it of a lesser grade of offense than felony -7 Cal. 139; id. 165; 5 id. 295; 9 id. 86; 16 id. 187; 20 Cal. 117; 29 id. 459; 30 id. 98; 31 id. 565. There is an absolute right of appeal from the Municipal Criminal Court to the County Court when the mode and means of appeal are provided-41 Cal. 129. The State, in a criminal case before a justice of the peace, has a right of appeal as well as the defendant-22 Iowa, 140. See Const. Prov. ante, page 20. Power of Legislature.-The Legislature may establish criminal courts in addition to those specified in the Constitution, and give them concurrent jurisdiction-69 Pa. St. 9; 44 Tex. 64; or it may establish special courts in cities and towns-76 N. C. 33; 65 id. 379; 66 id. 313. So, the Municipal Criminal Court of San Francisco is a constitutional court-39 Cal. 517; 41 id. 129. See Const. Prov. ante, page 19. Courts generally-District Courts have jurisdiction over punishments for extortion in office-45 Cal. 200. See generally Const. Cal. art. vi. County Courts are courts of general jurisdiction, and all intendments are in favor of their proceedings-27 Cal. 65; 41 id. 129. In all cases of misdemeanor its judginent is final except in cases of excess of jurisdiction-29 Cal. 459; 30 id. 98. A Justice's Court has no extra territorial jurisdiction-4 Nev. 412. The repeal of a criminal law does not operate to bar the punishment of an offense under the law unless the intention be expressly declared in the repealing act-18 Cal. 122. The Police Court of San Francisco has the same powers and jurisdiction in criminal actions as is conferred on Justices' Courts-47 Cal. 127. Offenses by resident aliens.-A resident alien is amenable to the law of the place in which he lives, even in cases of treason-5 Wheat. 97; Whart. St. Tri. 93; id. 185; 10 Cox C. C. 603; so as to resident Indians27 Cal. 404; 6 Peters, 518; 3 Wall. 407; 1 McLean, 254; 4 Kan. 49; 16 Ark. 499; 1 Stewt. & P. 327; 1 Abb. U. S. 377; 1 Woolw. 192; 64 N. C. 614; 3 Yerg. 256; 1 Abb. U. S. 377. 778. When the commission of a public offense, commenced without the State, is consummated within its boundaries, the defendant is liable to punishment therefor in this State, though he was out of the State at the time of the commission of the offense charged. If he consummated it in this State, through the intervention of an innocent or guilty agent, or any other means proceeding directly from himself, in such case the jurisdiction is in the county in which the offense is consummated. Offenses committed abroad.-A person is responsible penally when he is abroad, to both the Federal and his State government-101 Mass. 1; 2 Va. Cas. 172; 3 Dutch. 301; 16 Wis. 398; but see as to extra-territoríal jurisdiction of State-8 Mich. 320; 2 Hayw. 109; and see 2 Parker Cr. R. 590. As to consuls and ministers resident abroad-11 Blatchf. 124; but it is limited to persons owing allegiance to the United States-11 Opin. Att.-Gen. 474; as in cases of perjury-2 Pa. St. 20; 41 id. 429; or bigamy committed abroad-7 Cox C. C. 103; Dears. 647; see 1 Hun. 610; 32 Ark. 565; 55 Ala. 108. So as to forgery committed abroad, the offense may be charged in any county into which the offender may come-7 Car. & P. 558; Russ. & R. C. C. 112. So in cases of murder-Russ. & R. C. C. 294; 1 Car. & K. 203; 11 Cox C. C. 198. Offenses committed out of the State.-Where an offense was committed by procuration of a resident of another State, the non-resident can be punished if jurisdiction can be obtained of his person-34 Conn. 118; contra, 31 N. J. L. 65. So, inciting an agent in another country to commit perjury-11 Allen, 243; or giving poison in one jurisdiction which operates in another--8 Ohio St. 131; or where a party originates a nuisance in one country, which affects á stream in another-3 Wood & M. 538; see 4 Barn. & Ald. 175; or where a person shoots from one side of a boundary line, and it takes effect on the other side, he is responsible in the jurisdiction where the effect is produced-2 Sum. 482; 31 N. J. L. 68; 101 Mass. 1; and see generally-34 Conn. 118; 4 East, 164. So where a marriage was solemnized in the middle of a river between two States, the offense is cognizable in the latter State, the former not claiming jurisdiction-2 Met. (Ky.) 394. Liability of principal.-A non-resident principal is penally liable for acts committed by his agent, as in obtaining goods by false pretenses -1 N. Y. 173; 31 N. J. L. 69; 3 Denio, 190; 1 Met. (Ky.) 1; 6 Cox C. C. 260; 4 id. 198; so, as to the author of a libel-3 Pick. 304; 7 East, 65; or a thief sending stolen goods to another State for sale-123 Mass. 430; or sending lottery tickets for sale-7 Serg. & R. 469. 779. When an inhabitant or resident of this State, by previous appointment or engagement, fights a duel or is concerned as second therein, out of the jurisdiction of this State, and in the duel a wound is inflicted upon a person, whereof he dies in this State, the jurisdiction of the offense is in the county where the death happens. 780. When an inhabitant of this State leaves the same for the purpose of evading the operation of the provisions of the Code relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county of which the offender was an inhabitant when the offense was committed. Dueling and challenges.-Sending a challenge to fight out of the State is indictable-Thatch. C. C. 390; 3 Brev. 243; 1 Const. S. C. 106; 1 Hawks, 487. The offense is continuous, and is triable in the State where the challenge issued-58 Ga. 332; 1 Hawks, 487; 2 Camp. 506; see 12 Ala. 276; and this, whether it reaches its destination or not-2 Camp. 506. 781. When a public offense is committed in part in one county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in either county. Concurrent jurisdiction.-The place of trial is the place of the consummation of the offense-2 Barb. 427; 3 Pick. 304; 21 Wend. 533; 7 Serg. & R. 469; though a concurrent jurisdiction exists in the place of commencing the offense-2 Dall. 388; 19 Ind. 421; 17 Ark. 561; Î Camp. 215; 2 id. 506; 2 Lew. C. C. 150; but attempts to commit crime are cognizable in the place of the attempt-26 Ga. 493; see 9 Cox C. C. 497; and so in case of conspiracies-1 Salk. 174; 2 Ld. Raym. 1167; 4 Fost. & F. 68; or in the place where an act was done by any of them in furtherance of their design-3 Brewst. 575; 2 Stark. 489; any overt act by any of the conspirators being a renewal of the conspiracy by all-123 Mass. 430; 3 Brewst. 575; 48 Md. 321; 19 Ind. 421: 17 Ark. 561; 13 Nev. 386; 11 Blatchf. 168; 7 Biss. 175; 29 La. An. 354; 54 Ala. 234: 52 id. 407; 83 Ill. 291; 3 Serg. & R. 220. As where one signals in one county for a robbery in another county-13 Nev. 386. The place of consummation is the peculiar seat of the crime in libel-7 Ben. 1; and in obtaining money by false pretenses-51 Ind. 413; see 1 Denison, 551. See as to "Arson," 44 Cal. 495. If a party in one county, intrusted with property of the owner, afterward takes it to another county, he is not liable in the former county, unless the intent to embezzle was conceived there-51 Cal. 378. See EMBEZZLEMENT, ante, § 503. 782. When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county. Boundary line.-A crime is perpetrated on the boundary between, if perpetrated within five hundred yards thereof-36 N. Y. 77. See as to" Arson," 44 Cal. 495: 783. When an offense is committed in this State, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein, in the prosecution of her voyage, the jurisdiction is in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage terminates; and when the offense is committed in this State, on a railroad train or car prosecuting its trip, the jurisdiction is in any county through which the train or car passes in the course of her trip, or in the county where the trip terminates. [Approved January 28th, 1876.] Offenses on board vessels.-Congress cannot confer jurisdiction on State courts, yet State courts may exercise jurisdiction in cases authorized by its laws, and not prohibited by congressional legislation -5 Wheat. 27; 9 Law Reporter, 295; see 16 Peters, 539; id. 630. As a rule offenses committed on shipboard are cognizable by the sovereign to whom the ship belongs-7 Cox C. C. 431; and by statutes of the United States the Federal courts have jurisdiction of all offenses committed on the high seas, or in any place out of the jurisdiction of a State-5 Blatchf. 6; 1 Cranch, 373; 1 Wash. C. C. 463; 1 Sum. 168; as in an open roadstead in a foreign country-5 Wheat. 184; 5 Blatchf. 18. The local jurisdiction of a State extends to the distance of a cannon-shot from low-water mark-7 N. Y. 295; see 12 Met. 387. A vessel is subject to the laws and control of a country it visits; 7 Mich. 161; 8 id. 320; 19 Wall. 486; S. C. 2 Green Cr. R. 134. Without a special statute jurisdiction over injuries upon the high seas does not exist in the Federal courts-4 Dall. 427; I Wash. C. Č. 463; 2 Curt. 446; nor in the courts of a State-27 N. J. L. 499; 2 Va. Cas. 205. See 26 Miss. 51; 28 Miss. 684. Where a crime was committed on a canal-boat, it must be alleged and proved that the boat had passed through some part of the county in which the indictment is found-61 Barb. 226. Where waters where the tide ebbs and flows are inclosed by a range of islands and the main shore, they are within the county-3 Parker Cr. R. 199. "Or lying therein in the prosecution of her voyage," construed-3 Hill, 309. 784. The jurisdiction of a criminal action— 1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping him, with intent, against his will, to cause him to be secretly confined or imprisoned in this State, or to be. sent out of the State, or from one county to another, or to be sold as a slave, or in any way held to service; or, 2. For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child; or, 3. For inveigling, enticing, or taking away an unmar |