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Second term of imprisonment, when to commence.

When

term of imprison

ment com

scribed in the last two sections, and to the same extent as if such first conviction had taken place in a Court of this State.

669. When any person is convicted of two or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction must commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be.

670. The term of imprisonment fixed by the judgment in a criminal action commences to run only upon mences, etc the actual delivery of the defendant at the place of imprisonment, and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term.

Imprison

ment for life.

Fine may be added to imprison

ment.

NOTE. The necessity and propriety of this section became apparent to the Supreme Court of our State, and was suggested by the Chief Justice.

671. Whenever any person is declared punishable for a crime by imprisonment in the State Prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the Court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than that prescribed.

672. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the Court may impose a fine on the offender not exceeding two hundred dollars, in addition to the imprisonment prescribed.

of convict

673. A sentence of imprisonment in a State Prison Civil rights for any term less than for life suspends all the civil suspended. rights of the person so sentenced, and forfeits all pub

lic offices and all private trusts, authority, or power during such imprisonment.

674. A person sentenced to imprisonment in the Civil death State Prison for life is thereafter deemed civilly dead.

tions on two

sections.

1874

675. The provisions of the two preceding sections Limita- two? must not be construed to render the persons therein preceding mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property, or to do such other acts as are permitted by law.

of convict

676. The person of a convict sentenced to impris- Person onment in the State Prison is under the protection of protected. the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced.

677. No conviction of any person for crime works Forfeitures any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this State, in the nature of a deodand, or where any person shall flee from justice, are abolished.

NOTE.-The very salutary and almost indispensable provisions contained in this Title were either wholly taken from, or suggested by, the Penal Code of N. Y., pp. 272-279, and seemed to be so obviously appropriate as a complement to a thorough administration of penal law, that their future use will give rise to the inquiry, how did our Courts succeed so well without them? The Act of April 16, 1850-Crimes and Punishments of this State-was taken almost literally from the N. Y. Code, hence their great similarity, notwithstanding very many changes have been made during a series of years in legislating in each of the States. It would be wise and beneficial if the penal laws of all the States were exact copies of each other, so that the decisions of the Courts of one might be available to the others.

678: New Sec 1274 Bulution

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