THE

PENAL CODE

OF

CALIFORNIA.

IN THREE PARTS.

THE

PENAL CODE

OF

CALIFORNIA.

AN ACT

TO

ESTABLISH A PENAL CODE.

[Approved February 14th, 1872.]

The People of the State of California, represented in
Senate and Assembly, do enact as follows:

TITLE OF THE ACT.

Divisions of

1. This Act shall be known as THE PENAL CODE OF Title and CALIFORNIA, and is divided into Three Parts, as follows: this Act.

I-OF CRIMES AND PUNISHMENTS. IL-OF CRIMINAL PROCEDURE.

III-OF THE STATE PRISON AND COUNTY JAILS.

THE PENAL CODE

OF

CALIFORNIA.

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. Certain terms defined in the senses in which they are used

in this Code.

8. What intent to defraud is sufficient.

9. Civil remedies preserved.

10. Proceedings to impeach or remove officers and others pre

served.

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

to punish for contempts.

12. Of sections declaring crimes punishable. Duty of Court. 13. Punishments, how determined.

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

tion for perjury.

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

16. Crimes, how divided.

17. Felony and misdemeanor defined.

18. Punishment of felony, when not otherwise prescribed.
19. Punishment of misdemeanor, when not otherwise pre-
scribed.

20. To constitute crime there must be unity of act and intent.
21. Intent, how manifested, and who considered of sound

mind.

22. Drunkenness no excuse for crime. When it may be con

sidered.