an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other. In the cases specified in Sections 648, 667, and 668, the punishments therein prescribed must be substituted for those prescribed for a first offense, if the previous conviction is charged in the indictment and found by the jury.

punishable

foreign

655. An act or omission declared punishable by Acts this Code is not less so because it is also punishable under under the laws of another State, Government, or country, unless the contrary is expressly declared.

law.

conviction

656. Whenever on the trial of an accused person Foreign it appears that upon a criminal prosecution under or acquitta the laws of another State, Government, or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense.

NOTE. This section is intended to apply in cases where the foreign acquittal or conviction took place in respect to the particular act or omission charged against the accused upon the trial in this State, and is not restricted to cases where the accused was tried abroad under the same charge.

how

657. A criminal act is not the less punishable as a Contempts, crime because it is also declared to be punishable as a punishable contempt.

of punish

ment in

certain

658. When it appears, at the time of passing sen- Mitigation tence upon a person convicted upon indictment, that such person has already paid a fine or suffered an im- cases. prisonment for the act of which he stands convicted, under an order adjudging it a contempt, the Court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.

Aiding in

misde

659. Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the meanor.

Sending letters, when deemed

complete.

Removal

from office for violation or neglect of official duty by public officers.

perform

commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor.

NOTE.-See "Accessories," Secs. 32, 33, ante.

660. In the various cases in which the sending of a letter is made criminal by this Code, the offense is deemed complete from the time when such letter is deposited in any Post Office or any other place, or delivered to any person, with intent that it shall be forwarded.

NOTE.-Rex vs. Williams, 2 Campb., p. 506.

661. In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers, State, county, city, or township, where it is not so expressly provided, they may, in the discretion of the Court, be removed from office. NOTE.-See Part III, Title I, Chap. VII, "Public officers," Political Code Cal., Sec. 841, et seq.

Omission to 662. No person is punishable for an omission to duty, when perform an act, where such act has been performed by another person acting in his behalf and competent by law to perform it.

punishable

Attempts to commit crimes, when

663. Any person may be convicted of an attempt to commit a crime, although it appears on the trial punishable that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the Court, in its discretion, discharges the jury and directs such person to be tried for such crime.

Attempts to commit crimes, how

NOTE.-Stats. 14 and 15 Vict., Chap. 100, Sec. 9.

664. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the punishable perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows:

1. If the offense so attempted is punishable by im

prisonment in the State Prison for five years, or more, Same. or by imprisonment in a County Jail, the person guilty of such attempt is punishable by imprisonment in the State Prison, or in a County Jail, as the case may be, for a term not exceeding one half the longest term of imprisonment prescribed upon a conviction of the offense so attempted.

2. If the offense so attempted is punishable by imprisonment in the State Prison for any term less than five years, the person guilty of such attempt is punishable by imprisonment in the County Jail for not more than one year.

3. If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one half the largest fine which may be imposed upon a conviction of the offense so attempted.

4. If the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one half the longest term of imprisonment and one half the largest fine which may be imposed upon a conviction for the offense so attempted.

NOTE. As declared in the first part of this section, such attempts as those named in Secs. 216, 217, ante, and assaults with intent to commit a felony, named in Secs. 220-222, ante, having therefor a punishment provided, are not included in this section.

tions upon

preceding

665. The last two sections do not protect a person Restricwho, in attempting unsuccessfully to commit a crime, the accomplishes the commission of another and different sections. crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.

666. Every person who, having been convicted of any offense punishable by imprisonment in the State

Prison, commits any crime after such conviction, is punishable therefor, as follows:

1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the State Prison for any term exceeding five years, such person is punishable by imprisonment in the State Prison not less than ten years.

2. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the State Prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the State Prison not exceeding ten years.

3. If the subsequent conviction is for petit larceny, or any attempt to commit an offense which, if committed, would be punishable by imprisonment in the State Prison not exceeding five years, then the person convicted of such subsequent offense is punishable by imprisonment in the State Prison not exceeding five

years.

667. Every person who, having been convicted of petit larceny, or of an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the State Prison, commits any crime after such conviction, is punishable as follows:

1. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the State Prison for life, at the discretion of the Court, such person is punishable by imprisonment in such prison during life.

2. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the State Prison for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed, upon a conviction for such first offense.

3. If the subsequent conviction is for petit larceny, or for an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the State Prison, then such person is punishable by imprisonment in such prison not exceeding five years.

NOTE. The following letter from Hon. S. H. Dwinelle, Judge of the Fifteenth Judicial District, to the Code Commission, shows the necessity for the insertion of the words "petit larceny" in Secs. 666 and 667, as well as the great propriety of these provisions: "Our cities and towns are subjected to repeated raids from petit thieves, for which New York has a partial remedy; and, after consulting with the District Attorney and heads of the Police Department here, I have concluded to call ***** the attention of the Code Commission to the New York statute, in considering 'crimes and punishments.' Popularly, the law is known in New York as 'petit larceny, second offense,' petit larceny being practically made a felony, punished by confinement in the State Prison. The New York provision will be found in the revised statutes of that State, Vol. 2, p. 883, Sec. 9, though I think we should have in this State a section devoted exclusively to the subject matter. In New York the practice is for the Grand Jury to find an indictment charging that the accused was charged with, arrested, brought before a Justice of the Peace (or Police Judge), tried, and convicted of petit larceny, and that, subsequent to such conviction, the accused had been guilty of another petit larceny, describing it, the Courts there having held the record of the first conviction was prima facie evidence of the fact. Certainly it is as great a crime, morally, to steal $99 by two efforts as it is to steal $50 at one. We have thieves here who are fully posted as to the law regarding petit and grand larceny, and have been convicted of the former numerous times. I think you will realize the importance of the proposed statute." The partial remedy referred to formed the basis of these sections.

conviction

offense.

668. Every person who has been convicted in any Foreign other State, Government, or country, of an offense for former which, if committed within this State, would be punishable by the laws of this State by imprisonment in the State Prison, is punishable for any subsequent crime committed within this State in the manner pre