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. See ante, § 654; 45 Cal. 432. 668. Every person who has been convicted in any other State, government, or country, of an offense 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 prescribed in the last two sections, and to the same extent as if such first conviction had taken place in a court of this State. See ante, § 654. Rule different in New York-1 Parker Cr. R. 645. 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. Punishment.-Imprisonment commences on conviction and sentence-66 N. Y. 343; 6 Baxt. (Tenn.) 539. Imprisonment on a second conviction commences on a termination of the first term of sentence22 Cal. 135; 49 id. 463; 5 Day, 175; 11 Met. 581; 5 Eng. 318; 44 Mo. 279; 18 Ohio St. 46; 45 Mo. 331; 13 Pa. St. 631; 1 Va. Cas. 151; 4 Brown P. C. 360; 1 Leach, 411; Law R. 2 Q. B. 379; but see II Ind. 389, as in case of pardon or reversal of sentence-11 Met. 581; 9 Nev. 44; 4 Rawle, 259; 13 Gray, 618. 670. The term of imprisonment fixed by the judgment in a criminal action commences to run only upon 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. 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. Punishment for crime is and ought to be largely in the discretion of the court-56 Ga. 545; 58 id. 200; and the question as to what is within the limits of the law is for the judicial discretion-6 Call, 245. 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. Fines in cases where the statute is silent-1 Gall. 488; see 8 Coke, 59. 673. A sentence of imprisonment in a State prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment. Disfranchisement 63 Pa. St. 112; 2 Leigh, 724; 27 Ark. 469; 6 Blackf, 529; 3 Cowen, 686; 28 Ind. 393. 674. A person sentenced to imprisonment in the State prison for life is thereafter deemed civilly dead. 675. The provisions of the last two preceding sections must not be construed to render the persons therein 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. [Approved March 30th, in effect July 1st, 1874.] 676. The person of a convict sentenced to imprisonment in the State prison is under the protection of 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. Convicts can be punished only according to law-34 Conn. 132; 4 Barb. 151; 52 N. H. 492; Russ. & R. C. C. 20; Leigh & C. 394; 9 Cox C. C. 449; 6 Jur. 243; and for any excess or violation of punishment those in charge are liable-10 Barn. & C. 445. 677. No conviction of any person for crime works 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. I 678. Whenever in this Code the character or grade of an offense, or its punishment, is made to depend upon the value of the property, such value shall be estimated exclusively in United States gold coin. [Approved March 30th, in effect July 1st, 1874.] |