CRIMINAL LAW AND PRACTICE

OF THE

STATE OF NEW YORK

EDITED BY

FRANK B. GILBERT

Editor of Gilbert's Annotated Code of Civil Procedure

CONSISTING OF

The Penal Law

AS AMENDED TO JULY 1, 1919

Annotated by JOHN T. COOK, of the Albany Bar
THIRTIETH EDITION BY JOHN T. FITZPATRICK

The Code of Criminal Procedure

AS AMENDED TO JULY 1, 1919

Annotations and Notes by FRANK B. GILBERT

INCLUDING

The Inferior Criminal Courts Act
of New York City

THIRTY-FIRST EDITION BY AUSTIN B. GRIFFIN

MB

ALBANY, N. Y.

MATTHEW BENDER & COMPANY,

INCORPORATED.

£88594

SECTION 20. Objects of penal law.

21. General rules of construction of this chapter.

22. Effect of chapter

23. Civil rights and remedies not affected.

24. Civil remedies preserved.

25. Ambassadors and foreign ministers excepted from punishment.

26. Principal and accessory.

27. All principals in misdemeanors.

28. Acts punishable under foreign law.

29. Violation of statute which imposes no penalty is a misdemeanoi.

30. Jury to find the degree of a crime.

31. Conviction must precede punishment.

32. Acquittal or conviction bars indictment for another degree.

33. Foreign conviction or acquittal a defense.

34. Morbid criminal propensity no defense.

35. Omission to perform act not punishable if act is performed by

another.

36. Limit of fine where statute does not specify amount.

37. Proceedings to impeach preserved.

38. Application of this chapter to prior offenses.

39. Military punishments preserved.

40. Certain statutes continued in force.

41. Manner of prosecution and conviction.

42. Rule when act done in defense of self or another.

43. Penalty for acts for which no punishment is expressly prescribed.

ARTICLE 4.

ABDUCTION.

SECTION 70. Abduction.

71. No conviction to be had on unsupported testimony.

[iii]

ARTICLE 6.

ABORTION.

SECTION 80. Definition and punishment of abortion.

81. Killing of child in attempting miscarriage.

82. Selling drugs or instruments to procure a miscarriage.

ARTICLE 8.

ADULTERY.

SECTION 100. Adultery defined.

101. Adultery a misdemeanor.

102. Punishment for adultery.

103. Conviction can not be had on unsupported testimony.

ARTICLE 10.

ADVERTISING.

SECTION 120. Advertising to procure divorces.

121. Affixing advertisement to property of another.

ARTICLE 12.

AGENTS.

SECTION 140. Agents must file statement of agency.

141. Failure to make and file statement a misdemeanor..

142. Duty and fees of county clerk.

143. Relief of principal from liability for future acts of agent.

ARTICLE 14.

ANARCHY.

SECTION 160. Criminal anarchy defined.

161. Advocacy of criminal anarchy.

162. Assemblages of anarchists.

163. Permitting premises to be used for assemblages of anarchists.

164. Liability of editors and others.

165. Leaving state with intent to elude provisions of this article.

166. Witnesses' privilege.

ARTICLE 16.

ANIMALS.

SECTION 180. Definitions.

181. Keeping a place where animals are fought.

182. Instigating fights between birds and animals.

183. Officer may take possession of animals or implements used in

fights among animals.

SECTION 184. Disposition of animals or implements used in fights among

animals.

185. Overdriving, torturing and injuring animals; failing to provide

proper sustenance.

186. Abandonment of disabled animal.

187. Failure to provide proper food and drink to impounded animal.

188. Selling or offering to sell or exposing diseased animal.

189. Carrying animal in a cruel manner.

190. Poisoning or attempting to poison animals.

191. Throwing substance injurious to animals in public place.

192. Keeping milch cows in unhealthy places and feeding them with

food producing unwholesome milk.

193. Transporting animals for more than twenty-four consecutive

hours without unloading.

194. Running horses on highway.

195. Leaving state to avoid provisions of this article.

196. To whom fines and penalties are to be paid.

ARTICLE 18.

ARSON.

OTION 220. Definitions.

221. Arson in first degree.

222. Arson in second degree.

223. Arson in third degree.

224. Punishment for arson.

225. Intent to destroy building requisite.

226. Contiguous buildings.

227. Ownership of building.

ARTICLE 20.

ASSAULT.

SECTION 240. Assault in first degree defined.

241. Punishment for assault in first degree.

242. Assault in second degree.

243. Punishment for assault in second degree.

244. Assault in third degree.

245. Punisment for assault in third degree.

246. Use of force not unlawful in certain cases.

ARTICLE 22.

ATTEMPT TO COMMIT CRIME.

SECTION 260. Attempt to commit crime.

261. Punishment for attempt to commit crime.

262. Restrictions under preceding section.