lating the provisions of this section, commits any subsequent violation thereof after such conviction, is punishable as follows: (IrJ", CER、T

2. For each subsequent conviction, such person shall be fined not less than five hundred nor more than five thousand dollars, or by imprisonment not less than two hundred and fifty days nor more than two years, or by both such fine and imprisonment. [In effect February 13th, 1880.]

9

179. Any corporation now existing, or hereafter formed under the laws of this State, that, shall employ, directly or indirectly, in any capacity, any Chinese or Mongolian, shall be guilty misdemeanor, and upon conviction thereof shall for first offense be fined not

less than five hundred nor more than five thousand dollars, and upon the second conviction shall, in addition to said penalty, forfeit its charter and franchise, and all its corporate rights and privileges, and it shall be the duty of the attorney-general to take the necessary steps to enforce such forfeiture. [In effect February 13th, 1880.]

CHAPTER VIII.

CONSPIRACY.

$182. Criminal conspiracy defined and punishment fixed.
§ 183. No other conspiracies punishable criminally.

§ 184. Overt act, when necessary,

§ 185. Wearing mask or disguise.

182. If two or more persons conspire→→→ 1. To commit any crime; k,3*1(!?

2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime;

3. Falsely to move or maintain any suit, action, or proceeding;

4. To cheat and defraud any person of any property by any means which are in themselves criminal, or to obtain money or property by false pretenses; or,

5. To commit any act injurious to the public health, to public morals, or for the perversion or obstruction of justice, or due administration of the laws;

-they are punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or both. [Approved March 30th, in effect July 1st, 1874.]

Conspiracy.-A conspiracy is a combination of two or more persons by concerted action to accomplish some criminal or unlawful purpose, or to accomplish some lawful purpose by criminal or unlawful means -see many cases cited in Desty's Crim. Law, $ 11 a.

Subd. 1. To commit an indictable offense-29 Pa. St. 296; as, to kill-52 Cal. 251; or to rob-49 Ind. 186; or commit burglary-2 Tex. Ct. App. 192; or to kidnap-11 Low. Can. Jur. 41; or to seduce a female-25 Il. 17; 9 How. St. Tr.127; or entice and carry off a female 5 Rand. 627; 25 Ill. 23; 5 Watts & S. 461; or procure defilement of a girl-2 Den. C. C. 79; or persuade a girl to prostitution-4 Fost. & F. 160; 9 How. St. Tr. 127; or any offense-2 Camp. 227; as bigamy or incest-14 Pa. St. 226; or abortion-Bright. 441.

Subd. 2. To charge one with crime-2 Mass. 536; 25 Ill.70; 2 Dutch. 313; 5 Har. & J. 317; 2 Mass. 536; 58 N. Y. 177; 2 Pars. Cas. 367; 1 Leach, 45; 2 Burr. 993; 1 Salk. 174; 7 L. Reporter, 58; 4 Barn. & C. 3299794

Subd. 4. To cheat-9 Mass. 415; 9 Pa. St. 211; 4 id. 210; 2 Har. (Del.) 327; 2 Allen, 168; Thach. C. C. 609; 1 Cush. 190; 4 Iowa, 29; 1 Mich. 216; 108 Mass. 309; 4 Pa. St. 210; 3 Zab. 33; 3 Q. B. 292; 12 Cox C. C. 338; id. 316; 2 Day.205; 64 Me. 369; 9 Cowen, 578; 4 Dill. 407; 4 Strob. 266; 7 Tex. 173; 12 R. I. 124; 25 Vt. 458; 16 Wend. 546; 4 Met. 111; 1 Dev. 357; 8 Rich. 72; 15 N. H. 396; 1 Cush. 111; 39 N. J. L. 324; 5 Har. & J. 317; 4 Haist. 293; 10 Mich. 310; 4 Cox C. C. 390; 8 id. 305. See Desty's Crim. Law, § l·l d. Subd. 5. Public health-2 Ld. Raym. 1179. See 12 Conn. 101. Public peace-2 Camp. 358; 6 Term Rep. 623.

Public justice-8 Moody, 11; 6 Mod. 185; 25 Vt. 415.

Public trade-4 Met. 111; 82 Mass. 221; 75 Id. 127; 1 Strange, 144; 1 Leach, 274; 13 East, 228. See Desty's Crim. Law, s l1 b.

183. No conspiracies, other than those enumerated in the preceding section, are punishable criminally.

184. No agreement, except to commit a felony upon the person of another, or to commit arson, or burglary, amounts to a conspiracy, unless some act, beside such agreement, be done to effect the object thereof, by one or more of the parties to such agreement.

An agreement to commit an act, if it amounts to a conspiracy, is in general complete without an overt act-50 Ind. 186; 1 Am. Cr. R. 105; 42 N. H. 393; 12 Minn. 164; 1 Cush. 189; 25 Vt. 415; 9 Mass. 415; 4 Halst 293; 4 Wend. 229; 4 Mich. 414; 31 Me. 386; 23 Pa. St. 355; 48 Miss. 234; as it is itself an overt act-1 Cush. 189; 1 Strange, 193; and see 2 Mass. 329; 5 Har. & J. 317. The gist of the offense is the fraudulent and corrupt combination with intent that injury shall result-2 Ashm. 247; 7 Barb. 391; 4 Halst. 283; 5 Har. & J. 317; 2 Mass. 329; 23 Pa. St. 355; 5 MeLean, 513; 16 Up. Can. Q. B. 543; 1 Ad. & E. 706; 1 Moody & R. 402; 5 Q. B. 49; 9 Coke, 55; Salk. 174; as any act done in pursuance of it is no constituent part of the offense, but merely an aggravation of it-2 Mass. 329; 4 Halst. 293; 5 Har. & J. 217; and see cases cited in Desty's Crim. Law, § 11 g.

Merger.-A conspiracy to commit a felony, when executed, is merged in the felony-1 Duval, 4; 5 Mass. 106; 4 Wend. 265; 2 Pars. Cas. 341; 1 Mich. 216; 5 Watts & S. 345; 25 Vt. 415; 48 Me. 218; when to commit a higher crime, it is merged, but not when the conspiracy and the crime are of the same grade-48 Me. 218; 15 id. 100; 5 Mass. 106; 105 id. 53; 108 id. 309; 109 id. 349; 2 Met. 193; 1 Mich. 216; 2 Pars. Cas. 341; 5 Pa. St. 60; 19 Pick. 479; 25 Vt. 415; 5 Pa. St. 60; 4 Wend. 265. But see 66 Mass. 84; 9 Cowen, 577; 6 Ala. 765; 3 Cox C. C. 229.

185. It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the purpose of→

1. Evading or escaping discovery, recognition, or identification in the commission of any public offense.

2. Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor. [Approved March 30th, in effect July 1st, 1874.]

VI. ASSAULTS WITH INTENT TO COMMIT FELONY,
OTHER THAN ASSAULTS WITH INTENT TO

§ 192. Manslaughter-voluntary and involuntary.
§ 193. Punishment of manslaughter.

§ 194. Deceased must die within a year and a day.

§ 195. Excusable homicide.

§ 196. Justifiable homicide by public officers.

§ 197. Justifiable homicide by other persons.

$198. Bare fear not to justify killing.

§ 199. Justifiable and excusable homicide not punishable.

187. Murder is the unlawful killing of a human being, with malice aforethought.

Murder, defined-34 Cal. 200; 47 Cal. 102; at common law-1 Wash. C. C. 463; 2 Halst. 220; 1 Colo. 137; 44 Cal. 96; 9 Met. 93; 5 Cush. 295; see 4 Bl. Com. 195. It has but one meaning-the intentional killing of a human being, with malice aforethought 44 Cal. 96; 48 id. 85; 52 Id. 452. It is murder if the wound is inflicted with a felonious intent, and death ensue within a year and a day-9 Cal. 273.

The killing may be by any act, direct or indirect, which results in death-9 Met. 93; 63 N. Č. 1; 4 Mason, 105; 4 Dev. & B. 365.

The person killed must be "in being," and a child in its mother's womb is not a "human being," within the definition-6 Car. & P. 349; 1 Moody C. C. 346; but every part of it must have come from the mother-6 Car. & P. 349; 7 id. 814; id. 850; 5 id. 329; 7 id. 850.

Murder includes voluntary and involuntary manslaughter-5 Ga. 441; 10 id. 102; 17 id. 483; 1 id. 222; 5 id. 85; 15 id. 117; 5 id. 54; 19 id. 7; 14 Bush, 601.

In case of adultery.-It is only when the husband discovers his wife in the act of adultery that the law mitigates the killing of her or her paramour on the ground of passion-4 Mich. 83; 10 id. 212; 29 Ga. 724; 2 Brewst. 388; 8 Ired. 330; 3 Jones, (N. C.) 74; 6 id. 433; 54 Mo. 153; Manning's Case, 1 Vent. 212; S. C. Ld. Raym. 212; Pearson's Case, 2 Lewin, 216; or where there was no opportunity for the passion to subside-22 N. Y. 147; but to kill an adulterer deliberately, and upon revenge, is murder-54 Mo. 153; 35 Ind. 80; 62 N. Y. 229; 3 Jones, (N. C.) 74; 6 id. 433; 64 N. C. 608; 78 id. 515: 8 Car. & P. 182; or to kill because he has at some previous time committed adultery with his wife -6 Jones, (N. C.) 433; 4 id. 74; 8 Ired. 330; or where he was a long time cognizant of the adulterous intercourse-35 Ind. 80; or to kill because