by which any pecuniary obligation, right, or title to Same. 14. The word "property" includes personal and 15. The word "month" means a calendar month, unless otherwise expressed, and the word "year," and also the abbreviation "A. D." is equivalent to the expression "year of our Lord." 16. The word "oath" includes "affirmation" in all cases where an affirmation may be substituted for an oath; and in like cases the word "swear" includes the word "affirm." Every mode of oral statement under oath or affirmation is embraced in the term "testify," and every written one, in the term "depose." 17. When the seal of a Court or public officer, or officer, is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper alone, as well as upon wax or a wafer affixed thereto. 18. The word "State," when applied to the different parts of the United States, includes the District of Columbia and the Territories, and the words "United States" may include the District and Territories. 19. Where the term "person" is used in this Code to designate the party whose property may be the subject of any offense, it includes this State, any other State, government, or country which may lawfully own any property within this State, and all public and private corporations or joint associations, as well as individuals. 20. The word "person includes bodies politic and corporate. 21. The singular number includes the plural, and the plural the singular. Same. What intent to defraud is sufficient. Civil remedies preserved. Proceedings to impeach or remove officers and preserved. 22. Words used in the masculine gender comprehend, as well, the feminine and neuter. 23. Words used in the present tense include the future, but exclude the past. 24. The word "will" includes codicils. 25. Words and phrases must be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must be construed according to such peculiar and appropriate meaning. 26. Words giving a joint authority to three or more public officers or other persons, are construed as giving such authority to a majority of them, unless it be otherwise expressed in the act giving the authority. NOTE.-Taken partly from Rev. Laws of Mass., 1858, Chap. 3, Sec. 7; Rev. Laws of Iowa, 1860, Chap. 3, Sec. 29; N. Y. P. C., Secs. 762 to 781, inclusive. 8. Whenever, by any of the provisions of this Code, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association, or body politic or corporate, whatever. 9. The omission to specify or affirm in this Code any liability to damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same. 10. The omission to specify or affirm in this Code any ground of forfeiture of a public office, or other others trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose, or suspend any public officer or other person holding any trust, appointment, or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition, or suspension. of Courts preserved. 11. This Code does not affect any power conferred Authority by law upon any Court Martial, or other military martial authority or officer, to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal, or officer, to impose or inflict punishment for a contempt. Courts of punish for justice to contempts. 12. The several sections of this Code which declare of sections declaring certain crimes to be punishable as therein mentioned, crimes devolve a duty upon the Court authorized to pass Duty of sentence, to determine and impose the punishment prescribed. Court. ments, how 13. Whenever in this Code the punishment for a Punishcrime is left undetermined between certain limits, the determined punishment to be inflicted in a particular case must be determined by the Court authorized to pass sentence, within such limits as may be prescribed by this Code. may be him on prosecution 14. The various sections of this Code which declare Witness' testimony that evidence obtained upon the examination of a read person as a witness cannot be received against him in against 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. for perjury. and 15. A crime or public offense is an act committed "Crime" or omitted in violation of a law forbidding or command- "public ing it, and to which is annexed, upon conviction, defined. either of the following punishments: 1. Death; 2. Imprisonment; 3. Fine; offense" 4. Removal from office; or, 5. Disqualification to hold and enjoy any office of honor, trust, or profit in this State. 66 NOTE. The use of the terms, "crime," "felony," "misdemeanor," and "offense," is far from uniform even among legal writers. "A crime, or misdemeanor," says Blackstone, "is an act committed or omitted in violation of a public law, either forbidding or commanding it." "Crimes and misdemeanors, properly speaking, are synonymous terms; though in common usage, the word 'crime' is made to denote such offenses as are of a deeper and more atrocious dye." Misdemeanor," says Christian, "is generally used in contradiction to felony; and misdemeanors comprehend all indictable offenses, which do not amount to felony."-Note to 4 Bl. Com., p. 5. "Misdemeanor," says Chitty," means every offense inferior to felony, but punishable by indictment, or by particular prescribed proceedings. The term 'offense' is usually understood to be a crime not indictable, but punishable summarily, or by the forfeiture of a penalty.”—1 Gen. Pr., p. 14. "A crime," says Bell, "may be defined to be any act done in violation of those duties which an individual owes to the community, and for a breach of which the law has provided that the offender shall make satisfaction to the public."-Dict. L. óf. Scot., Tit. Crime. Bishop defines crimes as "those wrongs which the Government notices as injurious to the public, and punishes in what is called a criminal proceeding, in its own name."-1 Cr. L., Sec. 43. "The word crime," says Chief Justice Savage, of New York, speaking of the clause in the Federal Constitution which provides for the extradition of persons charged with treason, felony, or other crime, is synonymous with misdemeanor, and includes every offense below felony punishable by indictment as an offense against the public."-Matter of Clark, 9 Wend., pp. 212, 222. "The term misdemeanor," says the same Judge, in another case, "is used in contradistinction to felony, and comprehends all indictable offenses which do not amount to felony."-Son vs. People, 12 Wend., p. 314. 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 misde 17. A felony is a crime which is, or may be, pun- Felony and ishable with death, or by imprisonment in the State meanor Prison. Every other crime is a misdemeanor. NOTE.-Stats. 1851, p. 212, Secs. 4, 5; People vs. War, 20 Cal., p. 117. At common law a felony was an offense which occasioned a total forfeiture of either lands or goods, or both, and to which might be superadded, according to the degree of guilt, capital or other punishment.-4 Bl. Com., p. 5; 1 Russ Cr., p. 42; 1 Chitty's Practice, p. 14; 1 Hawk. P. C., p. 37; 5 Wheat., p. 159. "Smaller faults, and omissions of less consequence, are comprised under the gentler names of misdemeanors only."-4 Bl. Com., p. 5; see note to Sec. 16. defined. ment of felony. 18. Except in cases where a different punishment Punishis prescribed by this Code, every offense declared to be a felony is punishable by imprisonment in the State otherwise Prison, not exceeding five years. prescribed. ment of mi-de meanor, otherwise 19. (§ 143.) Except in cases where a different pun- Punishishment is prescribed by this Code, every offense declared to be a misdemeanor is punishable by impris- when not onment in a County Jail not exceeding six months, prescribed. or by a fine not exceeding five hundred dollars, or by both. tute crime 20. (§ 1.) In every crime or public offense there To constimust exist a union, or joint operation of act and there must intent, or criminal negligence. NOTE. In the People vs. Harris, 29 Cal., p. 679, the defendant was indicted for voting twice at the general election held on the 6th of September, 1865. To the indictment he pleaded not guilty. Upon the trial he was found guilty, and sentenced to be imprisoned in the State Prison for one year. It was provided by be unity of |