§ 654. Acts made punishable by different provisions of this Code. § 655. Acts punishable under foreign law. § 656. Foreign conviction or acquittal. § 657. Contempts, how punishable. § 658. Mitigation of punishment in certain cases. § 659. Aiding in misdemeanor. § 660. Sending letters, when deemed complete. § 661. Removal from office for neglect of official duty. § 665. Restrictions upon the preceding sections. § 666. ,, Second offense, how punished after conviction of former offense. § 667. Second offenses, how punished after conviction of attempt to commit a State prison offense. 5668. Foreign conviction for former offense. § 669. Second term of imprisonment, when to commence. § 670. When term of imprisonment commences, etc. § 671. Imprisonment for life. § 672. Fine may be added to imprisonment. $675. Limitations on two preceding sections. § 676. Person of convict protected. $ 677. Forfeitures. § 678. Valuation in gold coin. 654. An act or omission which is made punishable in different ways by different provisions of this Code, may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other. In the cases specified in sections six hundred and fortyeight, six hundred and sixty-seven, and six hundred and sixty-eight, the punishments therein prescribed must be substituted for those prescribed for a first offense, if the previous conviction is charged in the indictment and found by the jury. Effect of plea of guilty is to confess the offense charged, which includes the previous conviction, and defendant must be sentenced for a felony-49 Cal. 395. See post, § 1158. 655. An act or omission declared punishable by this Code is not less so because it is also punishable under the laws of another State, government, or country, unless the contrary is expressly declared. Adjustment of punishment.-When an offense is committed against two sovereignties, the first prosecuting absorbs it-97 U. S. 309; but when partly against one and partly against the other, the sentence of the other is to be taken into account in adjusting the sentence-see Whart. Cr. Pl. & Pr. §§ 441, 453; and the grade of offense will be considered-id.; Whart. Confil. of L. § 920. 656. Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of another State, government, or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense. See post, § 1016. 657. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt. Instances.-Assault on a judge-25 La. An. 532; rescues and escapes -1 Dutch, 209; misbehavior or malpractice of officer-1 Blackf. 166; 2 Burr. 799; misconduct of inferior judges-63 Ind. 81; libelous publications of court proceedings-16 Ark. 384; 4 Ill. 405; conspiracies to obstruct justice-25 Vt. 415; 2 Hill, (S. C.) 282; 2 Pars. Cas. 357; 3 Zab. 33; 50 Ind. 465; fraud and corruption of solicitors and officers of court-5 Best. & S. 299. 658. When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an impris onment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion. › Discretion of court-See Desty's Crim. Law, § 46 b. 659. Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor. Accessories.-The offense of being accessory is committed in the county where the substantive acts are consummated-13 Bush, 142; 114 Mass. 307; in which county only can he be indicted-27 Cal. 340; 57 How. Pr. 342; 1 Parker Cr. R. 246; see 17 Ark. 561; 19 Ind. 421. At common law, a person indicted as principal cannot be convicted on proof showing him to be an accessory, and e converso-40 Cal. 129; 28 id. 404; 41 id. 429; 39 id. 75; 32 id. 160; 12 Ala. 158; 15 Ga. 346; 52 id. 287; 39 Miss. 613; 8 Neb. 80; 49 Ń. H. 39; 65 N. C. 572; 31 N. J. L. 65; 83 Ill. 479; Russ. & R. C. C. 25; 9 Cox C. C. 242; 7 Car. & P. 575; 1 Leach, 515; but by stat ute, the offense is made substantive and independent-40 Cal. 129; 56 Ga. 92; 8 Ill. 368; 49 id. 410; 14 Ind. 52; 46 Iowa, 265; 12 Kan. 550; 29 Me. 84; 126 Mass. 242; 18 Ohio St. 496; 19 Ohio, 131; 25 Pa. St. 221; 12 Wis. 532; Law R. 1 C. C. 77; Bell C. C. 243; and in States where all are principals, he may be indicted and convicted as principal-14 Bush, 232; 40 Iowa, 169; 47 Ill. 333; 37 Pa. St. 108; 84 id. 187; 59 Mich. 106; though the prime actor be dead or escaped-2 Brev. 338; Meigs, 106; and see 24 Mo. 475. In States where there is a common-law jurisdiction as to crimes, the accessory can only be tried jointly with or after conviction of the principal-3 Mass. 126; 16 id. 423; 5 Pick. 429; 126 Mass. 242; 4 McLean, 317, Thach. C. C. 63; 1 Parker Cr. R. 246; 5 Watts & S. 385; 2 Va. Cas. 211; 5 Bush, 698; 11 id. 154; 15 Fla. 592; 44 Ind. 214; and the indictment may charge him in one count as principal, and the other as accessory-48 Cal. 189. Aiders and abettors may be convicted, al though the principal has been acquitted-10 Cal. 68; 28 Ga. 216; 29 Mo. 32; 1 Leach, 360; 2 Shaw, 370; Salk. 334; Russ. & R. C. C. 314. The principal and accessory may be indicted together or separately, without reference to previous conviction or acquittal-10 Cal. 68; 20 id. 439. See ante, $$ 32,33; and see Desty's Crim. Law, §§ 40 a, b, c. Punishment of accessories-see Desty's Crim. Law, § 55 b. 660. In the various cases in which the sending of a letter is made criminal by this Code, the offense is deemed complete from the time when such letter is deposited in any post-office or any other place, or delivered to any person, with intent that it shall be forwarded, As to mailed libels-see 1 Dall. 388; 4 Barn. & Ald. 95. Posting indecent matter-11 Blatchf. 346; see 96 U. S. 727. As to challenges to fight-3 Brev. 243; 58 Ga. 332; 1 Hawks. 487; 1 Const. S. C. 107; 2 Camp. 506; see 12 Ala. 276; and it is not necessary to prove that it ever reached its destination-2 Camp. 506. Mailing offer to bribe-2 Dall. 384. 661. In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers-State, county, city, or townshipwhere it is not so expressly provided, they may, in the discretion of the court, be removed from office. See Pol. Code, §§ 841 et seq. 662. No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf, and competent by law to perform it. 663. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, discharges the jury and directs such person to be tried for such crime. 664. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: 1. If the offense so attempted is punishable by imprisonment in the State prison for five years, or more, or by imprisonment in a county jail, the person guilty of such attempt is punishable by imprisonment in the State prison, or in a county jail, as the case may be, for a term not exceeding one-half the longest term of imprisonment prescribed upon a conviction of the offense so attempted. 2. If the offense so attempted is punishable by imprisonment in the State prison for any term less than five years, the person guilty of such attempt is punishable by imprisonment in the county jail for not more than one 3. If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense so attempted. 4. If the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half the longest term of imprisonment and one-half the largest fine which may be imposed upon a conviction for the offense so attempted.ee Attempts included in §§ 216, 217, 220-222 are not included in this section. See Desty's Crim. Law, § 12. 665. The last two sections do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed. 666. Every person who, having been convicted of any offense punishable by imprisonment in the State prison, commits any crime after such conviction, is punishable therefor as follows: 1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the State prison for any term exceeding five years, such person is punishable by imprisonment in the State prison not less than ten years. 2. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by impris onment in the State prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the State prison not exceeding ten years. 3. If the subsequent conviction is for petit larceny, or any attempt to commit an offense which, if committed, would be punishable by imprisonment in the State prison not exceeding five years, then the person convicted of such subsequent offense is punishable by imprisonment in the State prison not exceeding five years. Second conviction. A statute providing that a second conviction for petit larceny makes the party guilty of a felony is not ex post facto -45 Cal. 432; 43 Mass. 413; 3 Gratt. 738. See Const. Provisions, ante, page 18. Increased punishment.-Increased punishment may be imposed for a subsequent offense-45 Cal. 430; 47 id. 113; 3 Dall. 386; 5 Rawle, 383; 2 Pick. 165; 1d. 172; 2 Met. 413; 3 id. 588; 9 Gratt. 743; 47 Md. 485; 92 Ill, 647; 3 Cowen, 347; 3 Met. 553; 8 id. 533; id. 535; 11 id. 581; 11 Pick. 28; 16 1d. 452; 21 id. 492; 7 Serg. & R. 489; 14 id. 69; 1 Root, 163; 9 Phila. 583; 19 Mass. 165; and this will not be putting the party twice in jeopardy, nor is it punishment for the first offense-47 Cal. 114. A mere conviction of the prior offense is sufficient, without sentence-1 Hill, 261; contra, 4 Serg. & R. 69; and see 53 N. Y. 511; 55 id. 512; 5 Hun, 542; 6 Kan. 379. See ante, § 654. |